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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 Section 6 of the principal regulations is repealed and the following section is substituted—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.

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