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Electoral Commission Bill, 2004
September 10, 2004
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the adverse report by the Parliamentary Legal Committee
the amendments proposed by the MDC
To establish the
Zimbabwe Electoral Commission and provide for its functions; and to provide
for matters connected with or incidental to the foregoing.
ENACTED by the President
and Parliament of Zimbabwe.
Bill will establish an independent authority to administer all elections
and referendums in Zimbabwe. The contents of the Bill are summarised under
the clause-by-clause analysis below:
This clause sets out the Bill's short title.
This clause contains definitions of terms used in the Bill.
This clause provides for the establishment, composition and proceedings
of the Zimbabwe Electoral Commission. The Commission will consist of a
Chairperson qualified to be a judge of the Supreme Court or the High Court
appointed by the President after consultation with the Judicial Service
Commission, and four other Commissioners appointed by the President from
a list of seven nominees submitted by the Committee on Standing Rules
Clause 4 and Second Schedule
This clause sets out the Commission's functions, which are primarily to
conduct Presidential, Parliamentary and local elections and referendums,
and to direct and control the registration of voters and ensure the proper
custody and maintenance of voters' rolls. The Second Schedule provides
for certain ancillary powers of the Commission not directly related to
its core functions.
Clause 5 and First Schedule
This clause and the First Schedule provides for the qualifications, terms
and conditions of office and removal or suspension therefrom of Commissioners.
Clause 6 and Third Schedule
This clause and the Third Schedule provides for the financial aspects
of the Commission's operations.
This clause provides for the appointment of a Chief Elections Officer
by the Commission whose principal task is to manage the affairs and property
of the Commission.
This clause provides for the Commission to report to the Minister on any
election or referendum as soon as possible after it is conducted. The
Minister is then obliged to submit such report to Parliament within a
certain period after receiving it. The clause also provides for the submission
of financial and other reports by the Commission.
Clauses 9, 10, 11 and 12
These clauses will confer functions on the Commission with respect to
the provision of voter education.
This clause empowers the Commission to produce codes of conduct governing
the conduct of political parties during elections and referendums.
This clause applies the State Liabilities Act [Chapter 8:14] to legal
proceedings against the Commission.
This clause empowers the Commission to make regulations prescribing all
matters which by this Bill are required or permitted to be prescribed
or which, in its opinion, are necessary or convenient to be prescribed
for carrying out or giving effect to this Bill.
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