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Electoral Act (Chapter 2:13) (Act Acts 25/2004, 17/2007, 1/2008, 3/2012, SI 85/2013) - Incorporating all amendments as of June 13, 2013
June 13, 2013

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ACT

AN ACT to provide for the terms of office, conditions of service, qualifications and vacation of office of members of the Zimbabwe Electoral Commission, the procedure at meetings of the Zimbabwe Electoral Commission and the appointment of the Chief Elections Officer; to provide for the Registrar-General of Voters and constituency registrars; to make provision for the registration of voters and for the lodging of objections thereto; to provide for the preparation, compilation and maintenance of voters rolls; to prescribe the residence qualifications of voters and the procedure for the nomination and election of candidates to and the filling in of vacancies in Parliament; to provide for elections to the office of the President; to provide for local authority elections; to provide for offences and penalties, and for the prevention of electoral malpractices in connection with elections; to establish the Electoral Court and provide for its functions; to make provision for the hearing and determination of election petitions; and to provide for matters connected with or incidental to the foregoing.

INSERT NEW PREAMBLE

Whereas sections 157(1), 238 and 239 of the Constitution provide as follows- "157.(1) An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following matters-

(a) the periodic delimitation of constituencies and wards in accordance with section 161;

(b) the registration of voters, and requirements for registration on particular voters' rolls;

(c) a code of conduct for political parties, candidates and other persons participating in elections or referendums;

(d) a system of proportional representation/or the election of persons to the seats in the Senate referred to in section 120(1)(a) and the seats reserved for women in the National Assembly referred to in section 124(1)(b), and the procedure for filling vacancies in those seats, which vacancies must be filled by persons-

(i) belonging to the same political parties as those who previously held the seats; .and
(ii) of the same gender as the persons who previously held the seats;
(e) the election of representatives of persons with disabilities under section 120(1)(d);

(f) the conduct of elections to provincial and metropolitan councils and local authorities;

(g) challenges to election results.

238.(1) There is a commission to be known as Zimbabwe Electoral Commission consisting of-

(a) a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and

(b) eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

(2) The chairperson of the Zimbabwe Electoral Commission must be a judge or former judge or a person qualified for appointment as a judge.

(3) If the appointment of a chairperson to the Zimbabwe Electoral Commission is not consistent with a recommendation of the Judicial Service Commission, the President must cause the Committee on Standing Rules and Orders to be informed as soon as practicable.

(4) Members of the Zimbabwe Electoral Commission must be Zimbabwean citizens and chosen for their integrity and experience and for their competence in the conduct of affairs in the public or private sector.

(5) Members of the Zimbabwe Electoral Commission are appointed for a six-year term and may be re-appointed for one such further term, but no person may be appointed to or serve on the Commission after he or she has been a member for one or more periods, whether continuous or not, that amount to twelve years.

239. The Zimbabwe Electoral Commission has the following functions

(a) to prepare for, conduct and supervise-

(i) elections to the office of President and to Parliament;
(ii) elections to provincial and metropolitan councils and the governing bodies of local authorities;
(iii) elections of members of' the National Council of Chiefs established by section 285; and
(iv) referendums;

and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;

(b) to supervise elections of the President of the Senate and the Speaker and to ensure that those elections are conducted efficiently and in accordance with the Law;

(c) to register voters;

(d) to compile voters' rolls and registers;

(e) to ensure the proper custody and maintenance of voters' rolls and registers;

(f) to delimit constituencies, wards and other electoral boundaries;

(g) to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres;

(h) to conduct and supervise voter education;

(i) to accredit observers of elections and referendums;

(j) to give instructions to persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, free, fair, proper and transparent conduct of any election or referendum; and

(k) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate."

Now, therefore, be it enacted by the President and Parliament of Zimbabwe as follows.-

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