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Electoral Bill, 2004 [H.B. 19, 2004]
October 11, 2004

Memorandum

In the light of the establishment of the Zimbabwe Electoral Commission ("the Commission") as an independent authority to administer all elections and referendums in Zimbabwe, it is desirable to repeal and replace the Electoral Act [Chapter 2:01] to take into account all the required changes to the electoral law. The contents of the Bill are summarised under the Part-by-Part analysis below:

Part I

This Part is concerned with preliminary matters. Clause 1 sets out the Bill’s short title. Clause 2 applies the provisions of the Bill to Presidential, Parliamentary, and local authority elections (referendums are governed by the Referendums Act). Clause 3 sets out the governing principles of every democratic election. Clause 4 contains definitions of words and phrases used throughout the Bill.

Part II

This Part deals with the procedure and conditions of service of members of the Electoral Supervisory Commission. Clause 6 provides for the term of office and other conditions of service of members of the Electoral Supervisory Commission. Clause 7 sets out disqualifications for appointment as a member of the Electoral Supervisory Commission. Clause 9 provides for the resignation of office of members of the Electoral Supervisory Commission. Clause 9 provides for the circumstances under which members of the Electoral Supervisory Commission may be removed from office. Clause 10 provides for the secondment of members of the Public Service to the staff of the Electoral Supervisory Commission. Clause 11 provides for the meetings and procedure of the Electoral Supervisory Commission. Clause 12 provides for the remuneration and expenses of members of the Electoral Supervisory Commission. Clause 13 provides for the functions of the Electoral Supervisory Commission with respect to monitors. The Electoral Supervisory Commission will be required to appoint and deploy members of the Public Service to be monitors in each polling station. The names of the monitors so appointed will be supplied to the Zimbabwe Electoral Commission, which will then accredit the monitors. Clause 14 provides for the functions of the Electoral Supervisory Commission with respect to the accreditation of observers. The actual accreditation will be done by a committee of the Zimbabwe Electoral Commission representing the Commission, the Ministries responsible for justice, foreign affairs and information, and the Office of the President and Cabinet. Clause 15 requires the Electoral Supervisory Commission to make a report to Parliament through the Minister on the conduct of any election. Clause 16 provides for the duties of the Zimbabwe Electoral Commission towards the Electoral Supervisory Commission, including the provision of reports to it relating to the registration of voters and the conduct of elections.

Part III

This Part provides for secondment of additional staff to the Zimbabwe Electoral Commission during elections. The Zimbabwe Electoral Commission may request the chairpersons of the various Service Commissions to second the necessary staff to it.

Part IV

This Part is concerned with the appointment and functions of a Registrar-General of Voters and constituency registrars. Clause 18 provides that the Registrar-General of Voters is a public office forming part of the Public Service. The Registrar-General is subject to the direction and control of the Zimbabwe Electoral Commission, and must have regard to any report or recommendation of the Electoral Supervisory Commission. Clause 19 provides for the appointment of constituency registrars, deputy constituency registrars and assistant constituency registrars, who will be members of the Public Service. These officers will exercise their functions under the general supervision and direction of the Registrar-General. Clause 20 provides that the Commission must ensure that the Registrar-General of Voters compiles and maintains the voters rolls, and that each constituency registrar will have charge and custody of the voters roll for his or her constituency. Clause 21 will permit any member of the public to inspect the voters roll and make any written notes of anything contained therein. The Registrar-General must also furnish the Zimbabwe Electoral Commission with the voters roll for any constituency at its request. Any person may demand to purchase a copy of a voters roll for any constituency. Clause 22 confers on a constituency registrar the power to demand certain information from claimants for registration as voters.

Part V

This Part is concerned with the residence qualifications of voters and claims for registration. Clause 23 provides that, in order to have the requisite residence qualifications to be registered as a voter in a particular constituency, a claimant must be resident in that constituency at the date of his or her claim, and may continue to registered on the voters roll for that constituency as long as he or she is not absent from the constituency for a continuous period of 12 months. Under clause 24 persons claiming registration in a particular constituency must present themselves before the appropriate constituency registrar who will, if satisfied that the claimant qualifies for registration, enter the claimant’s particulars in a prescribed form and his or her name in the roll for that constituency. Any person aggrieved by a decision of a constituency registrar or the Registrar-General of Voters under this clause will be entitled to lodge a complaint with the Commission. Clause 25 provides for claims for transfer of registration from one constituency to another. Any person aggrieved by a decision of a constituency registrar or the Registrar-General of Voters under this clause will be entitled to lodge a complaint with the Commission. Clause 26 provides for the issuance by constituency registrars of voters registration certificates to voters upon their registration or transfer of registration.

Part VI

This Part is concerned with objections to the registration of voters. Clause 27 provides that a constituency registrar may object to the registration of any claimant or voter by sending to the claimant or voter a written notice of objection to which a form of notice of appeal is annexed. In the event of an appeal against the objection a designated magistrate will determine the objection within 30 days of receipt of the notice of appeal. Where a voter has ceased to be a citizen of Zimbabwe, the Registrar-General may, by notice in the Gazette or a newspaper, strike a voter’s name off the voters roll or reject his or her claim for registration without prior notice to him or her. Alternatively, the constituency registrar may give notice of such striking-off to the voter concerned without the need of publishing the fact in the Gazette or a newspaper. Clause 28 provides for objections by voters to the registration of any person on the voters roll of the constituency to which the objecting voter belongs. Clause 29 provides for the hearing and determination of objections under this Part (whether by the constituency registrar or a voter) by a designated magistrate. Under clause 30, where the designated magistrate hearing an objection in terms of this Part feels that he or she needs guidance as to the appropriate decision to be given in the matter, the magistrate may state a case for the decision of a judge of the Electoral Court in chambers. Clause 31 provides for the exhibiting of the names of persons whose registration or claims for registration as voters is objected to.

Part VII

This Part makes miscellaneous provision with respect to the registration of voters. Clause 32 empowers constituency registrars to compare their voters rolls to guard against duplicate registrations of voters and to take remedial action where required. Clause 33 provides for the removal of persons from the voters roll on the disqualification or death of such persons or their absence from their constituencies for more than 12 months or the redomiciliation of such persons in another country. Clause 34 provides for the re-registration of voters no longer disqualified. Clause 35 will empower the Registrar-General to correct errors or change names or addresses of voters where this becomes necessary to do so, whether on the application of a voter or not, but subject to notice of the fact being published in the Gazette by the Registrar-General. Constituency registrars will be given similar powers. Any person aggrieved by a decision of a constituency registrar or the Registrar-General of Voters under this clause will be entitled to lodge a complaint with the Commission. Clause 36 prescribes the manner in which any alteration to an entry in a voters roll will be made.

Part VIII

This Part creates various offences in connection with the registration of voters.

Part IX

This Part is concerned with the proclamation by the President of general elections and the notification by the Zimbabwe Electoral Commission of by-elections. Clause 38 provides for the manner in which the President shall give effect to section 58 of the Constitution which provides for the dissolution of Parliament and the fixing a day or days for the holding of a general election. Clause 39 provides for the manner in which the President and the Zimbabwe Electoral Commission will be notified of a casual vacancy in Parliament and the consequent notification by the President of a by-election.

Part X

This Part is concerned with the election of Chiefs to Parliament in compliance with section 38(1)(c) of the Constitution. Clause 40 will constitute the Council of Chiefs and each provincial assembly of Chiefs as electoral colleges for the purposes of this Part. Clause 41 empowers the Minister to appoint a member of the Public Service as the presiding officer of each of the electoral colleges constituted by clause 40. Clause 42 fixes the quorum for meetings of the electoral colleges. Clause 43 prescribes the procedure for the nominations of candidates for election to fill the vacancies in the membership of Parliament that are reserved for Chiefs. Clause 44 provides for the conduct of the poll for the election of Chiefs by the electoral colleges, should such a poll become necessary.

Part XI

This Part provides for the notification of the appointment of members of Parliament in terms of section 38(1)(d).

Part XII

This Part is concerned with the nomination of candidates for election as members of Parliament. Clause 46 provides for the nomination of candidates for election as members of Parliament; if only one candidate is nominated for a constituency, that candidate is deemed to have duly elected to that constituency. Clause 47 provides that a prescribed deposit must be lodged together with every nomination paper; such deposit will be forfeited to the Commission if the candidate concerned obtains less than one-fifth of the valid votes cast in the election for the constituency in which the candidate stood. Clause 48 provides that, if a poll becomes necessary because two or more candidates are nominated for a constituency, the constituency elections officer must notify the Chief Elections Officer, who in turn must publish a notice in the Gazette of the names of the candidates and the polling days. Clause 49 provides for the withdrawal by a candidate of his or her nomination, whereupon the candidate’s deposit will be forfeited to the Commission. If the withdrawal results in only one candidate remaining, that candidate is deemed to have duly elected. Clause 50 provides that if a candidate dies before the commencement or close of a poll, all proceedings relating to that election are void and must be commenced afresh in the same manner as if a vacancy had occurred, except that any duly nominated surviving candidate does not need to be re-nominated if he or she gives notice to the constituency elections officer of his or her intention to remain a candidate.

Part XIII

This Part is concerned with the preparation for and voting at a poll. Clause 51 obligates constituency elections officers to provide sufficient polling stations for their constituencies during a poll, and requires them to give notice of the places where the polling stations are located and the hours during which they will be open. Under clause 52 constituency elections officers must arrange for the procurement of booths, ballot boxes, ballot papers and related materials for the purpose of the poll, the expense of which is a charge upon the funds of the Commission or, if such funds happen to be inadequate, upon the Consolidated Revenue Fund; constituency elections officers are also required to appoint sufficient presiding officers and polling officers for the purposes of the poll. Clause 53 provides for the hours during which a polling station is to be open. Clause 54 requires the presiding officer of every polling station to check and verify with others entitled to be present at the station that the ballot boxes are empty immediately before the beginning of the poll. Where the poll takes place over two or more days, the presiding officer is required to seal and unseal the ballot-box in the presence of those entitled to be at the station. The conduct of the actual poll is regulated under clause 55. Under clause 56 every voter registered on the voters roll for the constituency concerned will be entitled to a single vote at a poll held in that constituency. Clause 57 provides for the manner of voting, in particular the form of the ballot paper and the matter to be printed thereon, the marking of the ballot paper by the presiding officer and the voter and the depositing of the ballot paper in the ballot box. Clause 58 provides that a voter who erroneously spoils a ballot paper may return it to the presiding officer who may thereupon cancel it; such a voter may then receive another ballot paper under clause 57. Clause 59 and 60 empower presiding officers to assist physically incapacitated or illiterate voters to mark their ballot papers on their behalves. Clause 61 provides for the procedure to be followed at the close of a poll, in particular, the sealing of ballot boxes and the sorting in separate sealed packets of unused and spoilt ballot papers, postal ballot papers, etc. Clause 62 requires the presiding officer, not later than three hours after the sealing the ballot boxes at the close of the poll, to make arrangements to enable candidates or their election agents to be present at the counting the votes. Clause 63 provides for the manner of counting or rejecting the votes cast at a poll. Under clause 64 the polling officer will record the number of votes obtained by each candidate at his or her polling station on a polling-station return and display the same to such of the candidates or their election agents as are present. The return or copies thereof must then be transmitted to the appropriate constituency centre and be exhibited outside the polling station. Clause 65 describes the procedure at the constituency centre after receipt of the polling-station returns: these will be verified and collated in the presence of the candidates or their election agents; at the same time, the postal ballots will be counted. Under clause 66 the constituency registrar declares the candidate who has received the greatest number votes to be duly elected as a member of Parliament. Clauses 67 and 68 provide for the notification of the result of an election to be sent to the Chief Elections Officer and for the Chief Elections Officer to publish the result. Clause 69 provides for the securing of the ballot boxes and the and the sealing of packets containing unused and spoilt etc., at each polling station and their transmission to the constituency elections officer; it also provides for the sealing in packets of the polling-station returns and postal ballot papers by the constituency elections officer. Clause 70 provides for the custody and disposal of ballot and other papers, which are required to be retained by the Chief Elections Officer for a period of six months before destruction, unless otherwise ordered by the Electoral Court.

Part XIV

This Part deals with voting by post. Under clause 71 only voters who are absent from their constituencies while on duty as members of a disciplined force or as electoral officers, or while in the service of the Government of Zimbabwe, or the spouses of such persons, will be entitled to apply for postal ballot papers. Clauses 72 and 73 provide for the issue of, or the refusal to issue, postal ballot papers by the Chief Elections Officer. Under clause 74 persons issued with postal ballot papers cannot vote personally at polling stations. Clauses 75, 76, 77, 78, 79 and 80 govern the manner of voting by post; the sealing and opening of postal ballot boxes by the constituency registrar in the presence of candidates or their election agents; the manner of dealing with rejected declarations of identity that are required to accompany postal ballot papers; the placing of postal ballot papers in the postal ballot box; and the safe-keeping of applications for postal ballots, counterfoils of issued ballot papers, etc. immediately after the declaration of the result of the poll. Clause 80 provides for offences in connection with postal voting.

Part XV

This Part makes general provision relating to the conduct of polls. Clause 82 requires electoral officers, candidates and their agents to make a declaration of secrecy before the opening of a poll. Clause 83 requires election agents, monitors and observers to adhere to the code of conduct set out in the Schedule. Clause 84 makes it clear that the failure of any person, other than electoral officer, who is entitled to be present at the sealing of ballot boxes, counting of votes, etc. to attend timeously at such events shall not prevent the electoral officer concerned from proceeding in the absence of such person. Clauses 85 and 86 create various offences in connection with ballot papers and ballot boxes and the maintenance of secrecy and non-interference with voters and ballot papers. Clause 87 renders liable to criminal punishment electoral officers and other persons who wilfully fail to perform any of the duties which by this Act they are required to perform. Clause 88 penalises the obstruction of members of the Electoral Supervisory Commission, members or employees of the Commission, electoral officers, monitors and observers. Clause 89 penalises persons who, with intent to disrupt or prevent the holding of any election, destroy or damage voters rolls or data relating thereto. Clause 90 compels employers to grant their employees leave of absence from their work to enable them to vote.

Part XVI

This Part is concerned with election expenses and election agents. Clause 91 sets out the expenditure that may be lawfully incurred by a candidate in connection with his her election campaign. Under Clause 92 a candidate may appoint one person to be his or her chief election agent and notify the appointment to the constituency elections officer. Clause 93 a chief election agent may appoint one or more persons not exceeding the prescribed number to be his or her election agents and notify every such appointment to the constituency elections officer. Clause 94 provides for other appointments made and expenses incurred by candidates or agents, and for the enforceability against the candidate of contracts made on his or her behalf by the candidate’s chief election agent or election agents. Clause 95 requires that all election expenses be paid by or through the chief election agent of the candidate, whether acting in person or by an election agent and disclosure of expenditure. Conversely, payments by other persons for the benefit of a candidate must be channelled through the candidate or his or her chief election agent. Clause 96 requires election expenditure to be vouched for by a bill stating the particulars, and by a receipt or some other evidence of payment. Clause 97 prohibits claims for or payments of election expenses after the 60th day or 72nd day, respectively, from the date when any candidate is declared elected: delayed claims and payments might disguise the true extent of election expenditure. Clause 98 circumscribes the limits of personal expenses that candidates may incur. Clause 99 applies Part XVI to claims by chief election agents for their remuneration and to the payment thereof in the same manner as if they were any other creditor.

Part XVII

This Part contains provisions relating to elections to the office of President. Clause 100 provides that a Presidential election must be held within 90 days of the end of his or her term or after his or her vacation of office by death, resignation or removal in terms of the Constitution. Clause 101 requires the Chief Elections Officer to publish a notice in the Gazette announcing the date when and place where a nomination court will sit for the purpose of receiving nominations of candidates for election to the office of President. Clause 102 provides for the nomination of candidates for election as President; if only one candidate is nominated for the Presidency, that candidate is deemed to have duly elected as President. Clause 103 provides that a prescribed deposit must be lodged together with every nomination paper; such deposit will be forfeited to the Commission if the candidate concerned obtains less than one-fifth of the valid votes cast in the Presidential election. Clause 104 provides that the Chief Elections Officer must publish a notice in the Gazette of the names of the candidates for election to the office of President. Clause 105 provides for the withdrawal by a candidate of his or her nomination, whereupon the candidate’s deposit will be forfeited to the Commission. Clause 106 provides for a fresh nomination of candidates for election as President to be held in certain circumstances. Clause 107 provides that, if a poll becomes necessary because two or more candidates are nominated for the Presidency, the Chief Elections Officer, who in turn must publish a notice in the Gazette of the names of the candidates and the polling days. Clause 108 provides that if only one Presidential candidate is nominated, that candidate is deemed to have duly elected President; if two or more candidates are nominated a poll must be taken in each constituency for the election of a President; if the two top candidates obtain the same number of the votes, Parliament must meet as an electoral college to elect the winner. Clause 109 provides for election petitions in respect of an election to office of President. Clause 110 applies to Presidential elections certain Parts of this Bill relating to Parliamentary elections, subject to the modifications set out in the Second Schedule.

Part XVIII

This Part contains provisions relating to local authority elections. Clause 111 provides that this Part will apply to local elections under the Rural District Councils Act and the Urban Councils Act. Clause 112 provides for the interpretation of terms used in this Part. Clause 113 provides for the qualifications of voters in local authority elections. Clause 114 provides for the preparation by the Registrar-General of the first voters rolls of future local councils before they come into being. Clause 115 provides for the preparation by the Registrar-General of subsequent voters rolls of local councils before the date of closing the roll in the run-up to each general election of councillors and mayors. Clause 116 provides for the inspection of local authorities’ voters rolls immediately after they have been prepared. Clause 117 provides for qualifications and disqualifications for election as councillor. Clause 118 provides for qualifications and disqualifications for election as mayor. Clause 119 provides that general elections of councillors shall be held every fourth year in August on a date to be fixed by the Commission. Local by-elections must be held between 35-90 days after the date when any vacancy occurs, unless the vacancy occurs within 180 days of a general election of councillors, in which case no by-election is required. Clause 120 provides for when elections to the office of mayor are to be held. Clause 121 empowers the Commission to postpone local authority elections in certain circumstances. Clause 122 provides for the manner in which the Commission is required to give notice of local authority elections and nominations therefor. Clause 123 provides for the nomination of candidates for election as councillors or mayors; if only one candidate is nominated for the ward or office concerned, that candidate is deemed to have duly elected to that constituency; if a poll becomes necessary because two or more candidates are nominated for a ward or office, the Chief Elections Officer must publish a notice in a newspaper of the names of the candidates, the polling days and the locations of the fixed polling stations. Clause 124 provides for the withdrawal by a candidate of his or her nomination. If the withdrawal results in the number of vacancies being equal to or less than the number of vacancies to be filled at the election, the remaining candidates are deemed to have duly elected, and fresh nominations are held to fill for the vacancies remaining. Clause 125 provides that if a candidate dies before the commencement or close of a poll, all proceedings relating to that election are void and must be commenced afresh in the same manner as if a vacancy had occurred, except that any duly nominated surviving candidate does not need to be re-nominated if he or she gives notice to the Chief Elections Officer of his or her intention to remain a candidate. Clause 126 provides for the entitlement to vote at local elections and the number of votes that a voter may cast. Clause 127 provides that if an election is found to exist between two more candidates, the Chief Elections Officer must arrange for the drawing of lots to determine the winner. Clause 128 provides for the declaration and publication of the result of any local authority election. Clause 129 provides that the expenses of any election in terms of this Part shall be paid out of the funds of the council concerned or, where the council fails to meet any such expenses, from the Consolidated Revenue Fund, but any moneys so paid shall be recovered in due course from the council. Clause 130 empowers the Commission to alter dates and qualifying periods for the purposes of this Part.

Part XIX

This Part renders punishable by a fine or imprisonment or both anyone who engages in the following corrupt practices in connection with elections: clause 132, unduly influencing voters or candidates by threats of violence etc. to behave or refrain from behaving in certain ways in the nomination or voting process; clause 133, bribing any voters, electoral officers and other persons with the object of influencing the outcome of an election; clause 134, "personating" voters (whether by voting in the name of another dead, living or fictitious person, voting twice or voting by post without being entitled to do so). Under clause 135 a person convicted of any of the foregoing corrupt practices may additionally be disqualified by the High Court from registering as a voter, voting at an election or holding a public office for a period of five years.

Part XX

This Part renders punishable by a fine or imprisonment or both anyone who engages in the following illegal practices in connection with elections: clause 136, incurring election expenditure in contravention of this Bill or paying a voter (other than an advertising agent) for the use of any premises for electioneering advertisements; clause 137, incurring election expenditure on behalf of a candidate without the authority of that candidate or his or her election agent; clause 138, knowingly providing any money for unlawful election expenditure; clause 139, employing persons in any capacity whatever for which election expenses cannot be incurred to promote or procure the election of a candidate; clause 140, corruptly procuring the nomination or withdrawal of a candidate; clause 141, betting on the outcome of an election; clause 142, failing to indicate the names and addresses of printers and publishers on printed election literature; or, being a newspaper publisher, failing to indicate as an advertisement any election propaganda paid for by the person inserting it; or reproducing in any election propaganda a facsimile of a ballot paper advising how persons are to vote without a certificate of the constituency registrar recording the latter’s opinion that such document does not mislead voters about their rights; clause 143, using prohibited symbols for electioneering purposes; clause 144, engaging in certain prohibited activity within 200 metres of any polling station on any polling day; clause 145, voting or procuring other persons to vote at an election when the voter or person procured is prohibited by law from voting at that election, or publishing a false statement about the illness, death or withdrawal of a candidate for the benefit of a rival candidate; and clause 146, wilfully obstructing a voter, either at the polling station or on his or her way thereto or therefrom. Under clause 147 a person convicted of any of the foregoing corrupt practices may additionally be disqualified by the High Court from registering as a voter, voting at an election or holding a public office for a period of five years. In addition, this Part renders punishable by a fine or imprisonment or both the following persons: any person who prevents the holding of any lawful political meeting, march, etc, (clause 148); any person who, during an election period, defaces or removes any billboard, placard or poster lawfully displayed by any party or candidate contesting an election (clause 149); and any person who defaces property for political purposes (clause 150). Clause 151 makes it an aggravating circumstance for anyone to pretend to represent the State or a political party when committing any offence referred to in clauses 148-50.

Part XXI

This Part contains further provisions relating to corrupt or illegal practices and other offences in connection with elections. Under clause 152 the Electoral Court may declare any election which is the subject of an election petition if it finds that a candidate or his or her agent was knowingly a party any corrupt practice or illegal practice; in addition, the Electoral Court may disqualify the offending candidate from registering as a voter, voting at an election or holding a public office for a period of five years. However, clauses 153 and 154 provide that the election of a candidate is not to be invalidated, even if corrupt or illegal practices were found by the court to have been committed, or that any act should not be regarded as a corrupt or illegal practice, if the candidate or his or her election agent satisfy the court as to certain matters. Persons accused of corrupt or illegal practices who are not parties to an election petition must be given an opportunity of being heard by the Electoral Court which is trying the petition under clause 155. Clause 156 makes provision, in connection with criminal prosecutions for corrupt or illegal practices, for the return of alternative verdicts by the trial court. Clause 157 provides that creditors will not be prejudiced if contracts to which they are a party were, without their knowledge, entered in contravention of this Bill.

Part XXII

This Part contains provisions relating to the establishment, composition and rules of Electoral Court.

Part XXIII

This Part contains provisions relating to election petitions. Clause 164 specifies who may present an election petition. Clause 165 governs the presentation of election petitions and the provision of security for the costs of such petitions. Clause 166 provides the manner in which notice of an election petition is to be given to a respondent. Under clause 167 a respondent may object to the sufficiency of the security for costs furnished by the petitioner. Clause 168 provides for the manner of trying and determining election petitions. Clause 169 provides that appeals from the Electoral Court to the Supreme Court shall be allowed on questions of law only. Clause 170 prescribes the procedure to be followed where the Electoral court states in a report on the trial of an election petition that any person may have been guilty of a corrupt or illegal practice. Clauses 171 and 172 provide for the summoning, examination and cross-examination of witnesses in the trial of an election petition, and the grant of immunity to witnesses who fully answer self-incriminating questions which they are compelled by clause 175 to answer. Under clause 173 a respondent may challenge the propriety of the election or proposed election of the petitioner or other person in favour of whom the petition is presented. Clause 174 provides for the circumstances in which the Electoral Court may set aside an election for non-compliance with this Act. Clause 175 provides for the withdrawal of an election petition. Under clause 176 an election petition ceases with the death of the petitioner, but any costs incurred up to such cessation may be recovered from the estate of the petitioner. Clause 177 provides for what happens when a respondent does not oppose an election petition. Clause 178 makes provision for payment of the costs of an election petition. Clause 179 that every election petition must be determined within six months of its presentation.

Part XXIV

This Part contains provisions relating to general matters and transitional provisions. Clauses 180 to 182 provide for the removal of any incapacity imposed by this Bill in certain circumstances, the prohibition of the compulsory disclosure by any person of how he or she has voted, and the admissibility of a certificate by a constituency registrar as proof of certain matters. Clauses 183 and 184 penalise wilful interruptions in connection with elections and unauthorised disclosures that compromise the secrecy of the ballot. Clause 185 provides for the manner in which notices and documents may be given or served under this Bill. Clause 186 provides for the validity of certain documents despite minor inaccuracies contained therein. Clause 187 provides for the lodging of complaints with the Commission and their redress where persons are aggrieved by certain decisions of the Registrar-General of Voters and constituency registrars. Clause 188 provides for the regulatory powers of the Commission. Clause 189 provides for the repeal of the existing Electoral Act [Chapter 2:01] and for transitional matters.

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