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Electoral (Amendment) Regulations, 2002 (No. 10) - SI 8A/2002
January
17, 2002
SI
8A/2002 [CAP. 2:01
Electoral
(Amendment) Regulations, 2002 (No. 10)
IT is hereby
notified that the Minister of Justice, Legal and Parliamentary Affairs,
in terms of section 157 of the Electoral Act [Chapter 2:01],
has made the following regulations:—
1. These
regulations may be cited as the Electoral (Amendment) Regulations,
2002 (No. 10).
2. The Electoral
Regulations, 1992, published in Statutory Instrument 58 of 1992
(hereinafter called "the principal regulations") are amended
in section 2 by the repeal of the definitions "monitor"
and "observer".
3. Section 6
of the principal regulations is repealed and the following section
is substituted—
"Deposits
on nomination
6. The
deposit on nomination of a candidate for election—
(a) as
a member of Parliament in terms of subsection (1) of section 47
of the Act shall be a sum of $1,000 in cash;
(b) to
the office of President in terms of subsection (1) of section 96
of the Act shall be a sum of $10,000 in cash.".
4. Section 14
of the principal regulations is amended—
(a) in
subsection (1) by the deletion of "a fee of $7,500 in
the case of a constituency voters roll" and the substitution
of "a fee of $10,000 in the case of a constituency voters
roll";
(b) by
the repeal of subsections (2) and (3).
5. Section 15
of the principal regulations is amended by the repeal of subsection (4)
and the substitution of—
"(4) At
the election, the presiding officer may himself, and if so required
by a candidate or his election agent shall, before allowing a
person to vote—
(a) require
the person to exhibit a passport, identity document issued in
terms of section 7 of the National Registration Act [Chapter 10:17]
or driver’s licence issued in terms of the Road Traffic Act
[Chapter 13:11] bearing the national identification
number of the person;
(b) put
to him all or any of the following questions but no other—
(i) Are
you the person whose name appears as A.B. and whose address
appears as C.D. on the roll of voters now shown to you?
(ii) Have
you already voted at a polling station or by post at this
election in this or any other constituency?
(iii) Have
you received a postal ballot-paper to enable you to vote by
post at this election?
and if
the person does not—
A. comply
with paragraph (a); or
B. answer
the question set out in subparagraph (1) of paragraph (b)
distinctly and absolutely in the affirmative and the questions
set out in subparagraphs (ii) and (iii) of paragraph (b)
distinctly and absolutely in the negative;
he shall
not be handed a ballot-paper:
Provided that—
(a) no
voter shall be disqualified from voting solely on the grounds
that his answer to the question set out in paragraph (a)
indicates that he has changed his name or address or both; and
(b) in
the case of a change of name, the voter may be asked to produce
proof of the same in the form of an affidavit, deed poll or
notice of change of name in the Gazette.".
6. Section 15B
of the principal regulations is repealed.
7. Section 16
of the principal regulations is repealed and the following sections
are substituted—
"Prescribed
classes of persons for purposes of sections 55(1) (b) and
72(2) (b) of the Act
16. (1) Subject
to subsection (2) of this section and subsection (2)
of section 22, the following persons are prescribed for the
purposes of paragraph (b) of subsection (1) of section 55
of the Act and paragraph (a) of subsection (2) of section 72
of the Act as persons who may not be excluded from any polling
station and who are entitled to be present at the verification
of statements of presiding officers and the counting of votes—
(a) members
of the Electoral Supervisory Commission established in terms
of section 61 of the Constitution; and
(b) members
of the Election Directorate; and
(c) polling
agents of each candidate in the election concerned; and
(d) election
agents of each candidate in the case of an election to the
office of President; and
(e) monitors;
and
(f) observers.
(2) The
maximum number of—
(a) monitors
who may be present within a polling station or counting centre
at any one time shall be two;
(b) monitors
who may be present within 100 metres of a polling station
at any one time shall be two;
(c) monitors
who may be present within a counting centre shall be four;
(d) observers
who may be present within—
(i) a
polling station or within 100 metres of a polling station;
or
(ii) a
counting centre;
shall
be three;
(e) polling
agents who may be present within a polling station or within
100 metres of a polling station shall—
(i) in
the case of a Parliamentary election, be two per candidate
standing in the constituency concerned;
(ii) in
the case of a Presidential election, be two per candidate.
Privileges
of monitors, polling agents and election agents at a polling station
16A. (1) Monitors,
polling agents, observers and election agents shall be permitted
to witness—
(a) the
dipping of voters’ hands in indelible ink for voting purposes;
(b) checking
of voters’ hands for the presence of indelible ink to ensure
that they have not voted more than once;
(c) the
confirmation that each voter appears on the voters’ roll and
the issuing to one such voter of only one ballot paper;
(d) the
confirmation that a line is drawn through the number and surname
of the voter on the roll as evidence that the voter has received
a ballot-paper;
(e) the
insertion of the ballot paper by the voter into the ballot
box.
(2) Monitors,
polling agents and election agents shall be permitted—
(a) to
inspect any vehicle transporting ballot boxes at the polling
station and at the counting centre, and to follow the vehicle
in his or her own transport;
(b) to
sleep overnight inside the place where ballot boxes are stored.
(3) Polling
agents and election agents shall be permitted to affix their
signatures or thumb-prints upon the presiding officer’s seal
or to affix their seals to the aperture of the ballot box in
accordance with subsection (2) of paragraph (a) of
section 60 of the Act:
Provided
that no seal of a candidate or election agent shall bear a prohibited
symbol or indicate any affiliation to a political party.".
8. Section 17
of the principal regulations is repealed.
9. Section 20
of the principal regulations is amended in paragraph (b) by
the deletion of "polling station" and the substitution
of "polling booth".
10. Section 22
of the principal regulations is amended—
(a) in
subsection (1) by the deletion from paragraph (a) of
"$10,000" and the substitution of "$20,000";
(b) by
the repeal of subsections (2) and (3) and the substitution
of—
"(2) In
addition to any prosecution for an offence in terms of section 79
of the Act contravention of any provisions of the Schedule to
the Act shall, notwithstanding section 16, be sufficient
grounds for excluding any polling agent, monitor and observer
from any polling station or prohibiting such person from being
present at the verification of statements of presiding officers
and the counting of votes.".
11. The Fourth
Schedule to the principal regulations is repealed.
12. Section 1
of the Electoral (Amendment) Regulations, 2001 (No. 8), published
in Statutory Instrument 303 of 2001, is amended by the deletion
of "(No. 8)" and the substitution of "(No. 9)".
_____________________________________________________________________________________
Supplement
to the Zimbabwean Government Gazette Extraordinary dated the 17th
January, 2002.
Printed by the Government Printer, Harare.
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
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