Related documents
- Is amended by Electoral Amendment Act, 2018
Zimbabwe
Electoral Act
Chapter 2:13
- Commenced on 1 February 2005
- [This is the version of this document as it was at 31 December 2016 to 27 May 2018.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title and date of commencement
This Act may be cited as the Electoral Act [Chapter 2:13].2. Application
This Act shall apply to—3. General principles of democratic elections
Subject to the Constitution and this Act, every election shall be conducted in way that is consistent with the following principles—4. Interpretation
Part II – Zimbabwe Electoral Commission
[Part II (sections 4A – 14) substituted by Act 3 of 2012]4A. Corporate status and ancillary powers of Commission
4B. Immunity of Commission, Commissioners, etc.
No legal proceedings shall lie against the Commission or any of the Commissioners or the Chief Elections Officer or any member of the staff of the Commission acting under the direction of the Commission or the Chief Elections Officer in respect of anything done in good faith and without gross negligence in pursuance of this Act.5. Additional functions and powers of Commission
In addition to the functions set out in section 239 of the Constitution, the Commission shall be responsible for—6. Terms and conditions of office of Commissioners
Part II of the Sixth Schedule applies to the terms and conditions of office of Commissioners.[section substituted by Act 6 of 2014]6A. Parliament to be informed of removal of Commissioner
If a tribunal established in terms of section 187 of the Constitution to inquire into the removal of a Commissioner from office recommends that the Commissioner should be removed, the Minister shall present a copy of the tribunal’s report and advice before the Senate and the National Assembly as soon as practicable after the report and advice were delivered to the President, and in any event no later than seven sitting days of whichever House meets first after the date on which the report and advice were delivered to the President.[section substituted by Act 6 of 2014]7. Procedure of Commission
8. Decentralisation of Commission
The Commission shall endeavour to establish such provincial and district offices as will enable it to exercise its functions more effectively throughout Zimbabwe.9. Chief Elections Officer and other employees of Commission
10. Staff of Commission during elections
10A. Provisions guaranteeing independence of Commission
11. Provisions to ensure independence, impartiality and professionalism of Commissioners and staff and agents of Commission
12. Funds and finances of Commission
13. Reports of Commission on elections, referendums and other matters
14. Legal proceedings against Commission
15. ***
[section repealed by Act 17 of 2007]16. ***
[section repealed by Act 17 of 2007]Part III
17. ***
[section repealed by Act 3 of 2012]Part IV – Voter registration functions of Commission
[heading substituted by Part VI of Act 3 of 2016]17A. Voter registration to be conducted continuously
18. Commission to register voters
19. Voter registration officers and registration offices
20. Voters rolls to be kept by Commission
21. Inspection of voters rolls and provision of copies
22. Powers to demand information
In the performance of his or her duties under this Act, a constituency registrar shall at all times have the power—22A. Polling station voters rolls
Part V – Residence qualifications of voters and registration of voters
23. Residence qualifications of voters
24. Claims for registration
25. Claims for transfer of registration
26. Voters registration certificates
26A. Closure of voters rolls 12 days after nomination day
No person shall be registered as a voter for the purposes of voting at any Presidential election or election of members of the National Assembly or councillors unless he or she lodges a claim for registration or transfer of registration under section 24 or 25 no later than twelve days after the nomination day fixed in terms of a proclamation referred to in section 38 or a notice referred to in section 39, as the case may be, in relation to that election.[section substituted by Act 6 of 2014]Part VI – Objections to registration of voters
27. Objections by voter registration officer
28. Objections by voters
29. Hearing and determination of objections by designated magistrate
30. Statement of case for opinion of judge in chambers
31. Posting of names of persons objected to
The name of every person whose registration is objected to shall be publicly exhibited outside the court of the designated magistrate who is to hear and determine the objection and at such other place or places as the voter registration officer may direct and shall be maintained there until the objection is so heard and determined.Part VII – Miscellaneous provisions relating to registration of voters
32. Removal of duplications
33. Removal from voters roll on disqualification, death or absence
34. Registration of voter no longer disqualified
A person whose name has been removed from a voters roll terms of section thirty-three on the grounds of disqualification may, when no longer disqualified, claim to be registered as a voter.35. Additional powers to alter voters rolls
36. How alterations to be made
All alterations made in terms of this Part shall be made in such a manner that the original entry on a voters roll or a copy of a voters roll shall not be obliterated and the reason for the alteration and the date thereof shall be set against the alteration, together with the initials of the person making the alteration.36A. New registration of voters
36B. Proof required for removal from voters roll on death or absence
If a voter registration officer acting in terms of section 27 or 33, or a voter who lodges an objection in terms of section 28, seeks to remove a voter from the voters roll on the ground that the voter—Part VIII – Offences in relation to registration of voters
37. Offences in relation to registration of voters
Part VIIIA – Delimitation of constituencies and electoral boundaries
37A. Delimitation of constituencies and electoral divisions to be conducted openly and with consultation
37B. Commencement of delimitation of wards and constituencies
Before the President, in terms of section 100J(1) of the Constitution, notifies the Commission of a date on which the Commission is to determine the limits of wards and constituencies, the President shall—37C. Electoral centres and transmission of results to and between electoral centres
[heading substituted by Act 6 of 2014]Part IX – Proclamation of general elections and notification of by-elections
38. General, presidential and local authority elections
38A. Designation of national and provincial political party office-bearers for certain purposes and advance filing of certain documents in connection with elections
39. Vacancies and by-elections
Part IXA – Voter education
[Part IXA (sections 40A – 40F) inserted by Act 3 of 2012]40A. Interpretation in Part IXA
In this Part—"foreign contribution or donation" means a contribution or donation made by—(a)a person who is not a permanent resident or citizen of Zimbabwe domiciled in Zimbabwe; or(b)a company which is not incorporated in Zimbabwe or, if so incorporated, does not carry on business in Zimbabwe; or(c)any association of persons, whether incorporated or unincorporated, that does not consist exclusively of permanent residents or citizens of Zimbabwe, domiciled in Zimbabwe;"local contribution or donation" means a contribution or donation that is not a foreign contribution or donation;"voter education" means any course or programme of instruction on electoral law and procedure aimed at voters generally and not offered as part of a course in law or civics or any other subject for students at an educational institution;"voter education materials" means printed, aural, visual or audio-visual materials intended for use in voter education.40B. Functions of Commission with respect to voter education
40C. Voter education by persons other than the Commission or political parties
40D. Provision of voter education by Commission
40E. Commission to monitor voter education by other persons
40F. Foreign contributions or donations for the purposes of voter education
No foreign contribution or donation for the purposes of voter education shall be made except to the Commission, which may allocate such contribution or donation to any person referred to in section 40B(3) or section 40C(1).[Part IXA (sections 40A – 40F) inserted by Act 3 of 2012]Part IXB – Election observers
[Part IXB (sections 40G – 40J) inserted by Act 3 of 2012]40G. Functions of accredited observers
40H. Observers Accreditation Committee
40I. Accreditation of observers
40J. Limitation on number of observers
Not more than the prescribed number of observers shall be permitted—Part X – Election of Chiefs to Parliament
40. Election of Council of Chiefs and of President and Deputy President of Council of Chiefs and other Senator Chiefs
For the purpose of electing—41. Presiding officers
For the purposes of the nomination and election of Chiefs to the Senate, the Commission shall appoint one of its officers to be the presiding officer of the electoral college referred to in section forty.[section amended by sections 87 of Act 17 of 2007]42. Quorum of electoral colleges
One-half of the total membership of the electoral college shall constitute a quorum of that electoral college.[section amended by Act 17 of 2007]43. Nomination of Chiefs as candidates
44. Conduct of poll for election of Chiefs
Part XI – Election of Senators to represent persons with disabilities
[Part XI substituted by Act 6 of 2014]45. Interpretation in Part XI
In this Part—"candidate to represent persons with a disability" means a person nominated in accordance with Seventh Schedule for election as one of the two Senators referred to in section 120(1)(d) of the Constitution, and who is himself or herself a person with a disability.45A. Application of Seventh Schedule to election of Senators to represent persons with disabilities
The Seventh Schedule applies to the election of candidates to represent persons with a disability in the Senate.Part XIA – Election of party-list candidates by proportional representation
[Part XIA (sections 45B – 45I) inserted by Act 6 of 2014]45B. Interpretation in Part XIA
In this Part—"constituency candidate" means a candidate for election as a constituency member;"constituency member" means a member of the National Assembly elected for a constituency as provided in section 124(1)(a) of the Constitution;"electoral province" means an electoral province referred to in section 45C(3);"national identity number" means an identity number assigned to a person under the National Registration Act [Chapter 10:17];"non-metropolitan province" means any province other than the metropolitan provinces of Bulawayo and Harare;"party list" means the list of party-list candidates referred to in section 45E(1)(b);"party-list candidate" means a candidate for one of the party-list seats;"party-list seat" means one of the seats in the Senate referred to in section 120(1)(a) of the Constitution or one of the seats in the National Assembly reserved for women referred to in section 124(1)(b) of the Constitution, or one of the seats in a provincial council referred to in section 268(1) of the Constitution.45C. Application of Part XIIIA, allocation of party-list seats and disqualification of votes for purposes of party-list elections
45D. Disqualifications for nomination as party-list candidate
45E. Nomination of party-list candidates
45F. Publication and printing of party lists after nomination
45G. Appeal against nomination of party-list candidate
45H. Filling of vacancies for party-list candidatures before election results determined
45I. Determination of result of election for party-list candidates
Part XII – Nomination of candidates for election as members of Parliament
46. Nomination of candidates
47. Nomination fee
At the same time as the nomination paper is lodged in terms of section 46 there shall be deposited with the nomination officer, by or on behalf of the person nominated, such nomination fee as may be prescribed, which shall form part of the funds of the Commission.[section substituted by Act 3 of 2012]48. Procedure when poll to be held
If a poll becomes necessary in terms of paragraph (c) of subsection (17) of section forty-six, the nomination officer shall notify the Chief Elections Officer, who shall, as soon as practicable after nomination day—49. Withdrawal of candidate
50. Death of candidate
50A. Pre-polling day substitution in certain circumstances of candidates who have withdrawn or died
Part XIII – Preparation for and voting at poll
51. Polling stations
52. Provision of requisites and officers for purpose of poll
52A. Publication of details re ballot papers
The Commission shall without delay provide the following information to all political parties and candidates contesting an election, and to all observers—53. Hours polling stations to be open
54. The ballot box
54A. Recording of ballot papers before polling
Subject to section 84, before the commencement of the poll at any polling station, or before the commencement of the poll on the first polling day where voting is to take place over two or more days, the presiding officer shall, in the presence of such persons entitled in terms of section 55(2)(b) to be within the polling station as are present, count and record the total number of ballot papers received at the polling station.[section inserted by Act 17 of 2007]55. Conduct of poll
56. Entitlement to vote, number of votes and identification of voters
57. Manner of voting
The voting at an election shall be by ballot which shall be conducted in substance and as nearly as possible in the following manner—58. Spoilt ballot papers
If a voter inadvertently spoils a ballot paper, he or she may return it to the presiding officer who shall, if satisfied of the inadvertence, give the voter another ballot paper and retain the spoilt paper, and the spoilt paper shall be immediately cancelled and the fact of the cancellation shall be noted upon the counterfoil.59. Voting by illiterate or physically handicapped voters
60. ***
[section repealed by Act 3 of 2012]61. Procedure at close of poll
The presiding officer shall, immediately after the close of the poll, in the presence of such candidates and their chief election agents or election agents as are present—62. Procedure after sealing of ballot boxes
63. Counting and rejection of votes
64. Procedure after counting at polling station
65. Procedure on receipt of polling-station returns at ward centre
65A. Procedure on receipt of ward returns at constituency centre
65B. Procedure on receipt of constituency returns at provincial command centre
66. Determination and declaration of result of poll
66A. Unofficial or false declaration of results prohibited
67. Notification of result of election
67A. Recounting of votes
68. Chief Elections Officer to cause names of candidates elected to be published
As soon as the names of the persons declared duly elected for the several constituencies have been received by the Chief Elections Officer, he or she shall cause a notice to be published in the Gazette giving the full names of the members returned, together with the constituencies which they severally represent and the days with effect from which they were so elected.69. ***
[section repealed by Act 17 of 2007]70. Custody and disposal of ballot and other papers
Part XIV – Postal voting
[Part XIV (sections 71 – 80) substituted by Act 3 of 2012]71. Interpretation in Part XIV
The reference in section 73(2)(b)(ii) to a "letter" includes a reference to a letter sent by way of electronic mail, under the following conditions—72. Persons who may vote by post
Where an election is to be held in a constituency, a person who is registered as a voter on the roll for that constituency shall be entitled to vote by post in terms of this Part if, on all polling days in the election, he or she will be—73. Application for postal vote
74. Issue of postal ballot papers
75. Voting by post
76. Distribution of postal ballots by Chief Elections Officer and ward elections officers
77. Postal ballot boxes
78. Opening of postal ballot boxes
79. Safe-keeping of documents
The ward elections officer shall, immediately after the declaration of the result of the poll, seal in separate packets or containers—80. Offences in relation to postal votes
Part XIVA – Special voting
[Part XIVA (sections 81 – 81H) inserted by Act 3 of 2012 and repealed by Act 6 of 2014]81. ***
81A. ***
81B. ***
81C. ***
81D. ***
81E. ***
81F. ***
81G. ***
81H. ***
[sections 81 - 81H inserted by Act 3 of 2012 and repealed by Act 6 of 2014]Part XV – General provisions relating to polls
82. Constituency elections officers and other persons to make declaration of secrecy
Every electoral officer, candidate or agent of a candidate authorised to attend at the counting or collating of votes at a polling station or constituency centre shall, before the opening of the poll, make a declaration of secrecy—83. Conduct of chief election agents, election agents and observers at elections
84. Absence of election agents, etc. at opening and closing of ballot boxes, etc.
For the avoidance of doubt it is declared that the failure by any person (other than an electoral officer) entitled in terms of paragraph (b) of subsection (1) of section fifty-five to be present on time—85. Offences in relation to ballot papers and ballot boxes
86. Maintenance of secrecy and non-interference with voters and ballot papers
87. Persons wilfully failing in their duties guilty of offence
Any electoral officer or other person who wilfully fails to perform any of the duties which by this Act he or she is required to perform shall be guilty of an offence and liable to a fine not exceeding level ten.88. Obstruction of election officials
Any person who, knowingly and without just cause, hinders or obstructs any—89. Disorderly conduct in polling station
89A. Refusal of precautions against double voting
Any person who, having applied for a ballot paper in a polling station, refuses without just cause—90. Refusal to leave polling station
Any person who, without lawful excuse, refuses or fails to leave a polling station when lawfully required to do so by the presiding officer shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.91. Destruction or damaging of voters roll or data relating thereto
92. Employer to allow employees to vote
Part XVI – Election expenses and election agents
93. What expenses permissible
No election expenses of a candidate shall be lawful except in respect of the following matters—93A. Appointment of roving political party election agents
94. Chief election agents
95. Election agents
96. Appointments made and expenses incurred by candidates or agents
97. Payments of expenses and disclosure of expenditure
98. Receipts for election expenses
Every payment in respect of any election expenses shall, except where it is less than such sum as may be prescribed in all in any account, be vouched for by a bill stating the particulars, and by a receipt or some other evidence of payment.99. Claims for election expenses
100. Limit of personal expenses that candidates may incur
101. Claims by chief election agents
This Part shall apply to a claim by a chief election agent for his or her remuneration and to the payment thereof in the same manner as if he or she were any other creditor, and if any difference arises respecting the amount of such claim, the claim shall be a disputed claim within the meaning of this Part, and be dealt with accordingly.Part XVII – Provisions relating to elections to office of President
102. ***
[section repealed by Act 17 of 2007]103. ***
[section repealed by Act 17 of 2007]104. Nomination of candidates for election to office of President
105. Nomination fee
At the same time as the nomination paper is lodged by or on behalf of a candidate for election as President, there shall be deposited with the Chief Elections Officer, by or on behalf of the person nominated, such nomination fee as may be prescribed, which shall form part of the funds of the Commission.[section inserted by Act 3 of 2012]106. Publication of names of Presidential candidates
As soon as practicable after the day fixed for the sitting of a nomination court in terms of section 38(1)(a), the Chief Elections Officer shall cause to be published in the Gazette and in all newspapers of mass circulation in Zimbabwe the names of all candidates who have been validly nominated for election to the office of President.[section amended by Act 17 of 2007]107. Withdrawal of candidature
108. When fresh nominations to be held
Where—109. Procedure after nomination day in election to office of President
110. Determination and declaration of result of election to office of President
111. Election petitions in respect of election to office of President
112. ***
[section repealed by Act 3 of 2012]112A. ***
[section repealed by Act 6 of 2014]Part XVIII – Provisions relating to local authority elections
Preliminary
113. Application of Part XVIII
This Part shall apply in respect of—114. Interpretation in Part XVIII
Qualifications of voters and preparation of ward voters rolls
115. Qualifications of voters in local authority elections
116. First ward voters rolls
117. Preparation of subsequent ward voters rolls
118. ***
[section repealed by Act 6 of 2014]Qualifications for election
119. Qualifications and disqualifications for election as councillor
120. ***
[section repealed by Act 1 of 2008]When elections to be held
121. Casual or special vacancies in councils to be notified to responsible Minister and Commission
121A. Notice of election and nomination day to fill casual or special vacancies in councils
122. ***
[section repealed by Act 1 of 2008]123. ***
[section repealed by Act 17 of 2007]Conduct of elections
124. ***
[section repealed by Act 17 of 2007]125. Nomination of candidates
126. Withdrawal of candidate
127. Death of candidate
If a duly nominated candidate dies after the close of nominations and before the poll commences or, if the poll has commenced, before its close, the Chief Elections Officer shall, on being satisfied of the fact of the death—128. Entitlement to vote, number of votes a voter may cast, and counting thereof
129. Runoff by-election where votes tied
130. ***
[section repealed by Act 6 of 2014]131. ***
[section repealed by Act 17 of 2007]General
132. Alteration of dates and qualifying periods
133. Application of provisions of this Act to local authority elections
Subject to this Part, the provisions of this Act relating to the election of members of Parliament shall apply, with any changes that may be necessary, to elections to which this Part applies as if any references therein to a constituency centre or a constituency elections officer were references to a ward centre or a ward elections officer respectively.[section amended by Act 3 of 2012]Part XVIIIA – Intimidatory practices
[Part XVIIIA inserted by Act 17 of 2007]133A. Meaning of "intimidation"
For the purposes of this Part, a person shall be regarded as having done or attempted to do something through intimidation if he or she achieves or attempts to achieve an object through any of the following methods—133B. Intimidation
A person who, through intimidation—133C. Preventing political party or candidate from campaigning
A person who, through intimidation, prevents or obstructs or attempts to prevent or obstruct a political party or candidate from campaigning in any election shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.[section inserted by Act 17 of 2007]133D. Theft or destruction of voter identification
A person who, in order to prevent or discourage another person from voting in an election, takes, destroys or damages any proof of identity, voters registration certificate or other document by which that other person may be identified as a voter, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[section inserted by Act 17 of 2007]133E. Additional punishment for intimidation
Part XVIIIB – Measures against politically-motivated violence and intimidation
[Part XVIIIB (sections 133F – 133K) inserted by Act 3 of 2012]133F. Interpretation in Part XVIIIB
In this Part—"intimidation" has the meaning assigned to it in section 133A;"Special Investigation Committee" means a Special Investigation Committee established in terms of section 133H;"special police liaison officer" means a senior police officer appointed in terms of section 133H(1).133G. Responsibilities of political parties and candidates
Every office-bearer of a political party that is contesting an election, and every candidate and election agent—133H. Appointment and functions of special police liaison officer and Special Investigation Committee
133I. Powers of Committees after investigation of alleged violence or intimidation
If, after any investigation in terms of section 133H, the Committee considers that an incident of politically-motivated violence or intimidation did take place, the Committee may take any of the following steps—133J. Investigations, prosecutions and trials of cases of politically-motivated violence and intimidation
133K. Special penalty for politically-motivated violence or intimidation
Part XIX – Corrupt practices
134. Undue influence
135. ***
[section repealed by Act 17 of 2007].136. Bribery
137. Personation
Any person who—138. Additional penalties for corrupt practices
Any person convicted of a corrupt practice by the High Court may, in addition to any other punishment, be declared to be incapable, for a period not exceeding five years from the date of his or her conviction, of—Part XX – Illegal practices and other offences
139. Certain expenditure an illegal practice
140. Unauthorised election expenses
Any person who, without the express or implied authority of a candidate or his or her chief election agent, incurs election expenses in relation to that candidate shall be guilty of an illegal practice and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.141. Penalty for providing money for payments contrary to this Act
Any person who knowingly provides money—142. Certain employment prohibited
143. Corrupt procurement of candidate
144. Betting prohibited
Any person who stakes any money or undertakes to stake any money on any contingency relating to the nomination of a candidate for election in terms of this Act or the result of a poll taken in terms of this Act shall be guilty of an illegal practice and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.145. ***
[section repealed by Act 17 of 2007].146. Prohibited symbols
147. Prohibition of certain activities in vicinity of polling stations
148. Procuring prohibited persons to vote; false statements re withdrawal of candidates
149. Obstruction of voters
Any person who, at an election, wilfully obstructs a voter, either at the polling station or on his or her way thereto or therefrom, shall be guilty of an illegal practice and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.150. Additional penalties for illegal practices
Where a person has been convicted by the High Court of an illegal practice and no other incapacity is specially provided for in this Act in respect of such conviction, that person shall be liable, in addition to any other penalty, to be declared by the High Court to be incapable, for a period not exceeding five years from the date of his or her conviction, of—151. Preventing holding of lawful political meeting, etc.
Any person who prevents the holding of any lawful political meeting, march, procession or demonstration or other lawful political event that was to have been held for the purpose of an election shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.152. Destruction of political posters, etc.
153. Defacing property for political purposes
154. Aggravating circumstances in relation to offences under sections 151, 152 and 153
It shall be an aggravating circumstance in relation to the commission of an offence under section one hundred and fifty-one, one hundred and fifty-two or one hundred and fifty-three if the person convicted of such offence committed it while falsely claiming or representing himself or herself to be acting on behalf of any institution of the State or a political party, with the intention of discrediting such institution or political party.Part XXI – Further provisions relating to corrupt practices, illegal practices and other offences
155. When election void owing to corrupt or illegal practices
Subject to sections one hundred and forty-eight, one hundred and fifty-six and one hundred and fifty-seven—156. When election not void
When upon the trial of an election petition the Electoral Court finds that a candidate at the election the subject of the petition has been guilty by his or her agent of an electoral malpractice with reference to that election, and the candidate has proved to the satisfaction of the Electoral Court that—157. When Electoral Court may hold certain acts or omissions to be exempt from provisions of this Act
158. Hearing of person accused of corrupt practice or illegal practice
Before any person, not being a party to an election petition or a candidate on behalf of whom the seat is claimed by an election petition, is found by the Electoral Court to have been guilty of any electoral malpractice, the Electoral Court shall cause notice to be given to such person and, if he or she appears in pursuance of the notice, shall give him or her an opportunity of being heard and of calling evidence to show why no such finding should be recorded against him or her.[subsection amended by Act 17 of 2007]159. Finding on charge of electoral malpractice
Any person charged with—160. When creditors not prejudiced in respect of prohibited payment
Part XXIA – Conflict management
[Part XXIA inserted by Act 17 of 2007]160A. Interpretation in Part XXIA
In this Part—"Code" means the Electoral Code of Conduct for Political Parties and Candidates set out in the Fourth Schedule;"multiparty liaison committee" means a national multiparty liaison committee, a constituency multiparty liaison committee or a local authority multiparty liaison committee.[section inserted by Act 17 of 2007]160B. Constitution of multiparty liaison committees
160C. Functions of multiparty liaison committee
160D. Decisions of multiparty liaison committees
The decisions of the multiparty liaison committee shall be made by consensus.[section inserted by Act 17 of 2007]Part XXIB – Media coverage of elections
[Part XXIB (sections 160E – 160H) inserted by Act 3 of 2012]160E. Interpretation in Part IVA
In this Part—"broadcaster" means a person who operates a broadcasting service for the transmission of television or radio programmes to the public or any substantial section of the public, whether the transmission is effected by wireless or other means;"print publisher" means a person who publishes a newspaper, magazine or other printed document at regular intervals for sale or distribution to the public generally;"public broadcaster" means a broadcaster that is owned or controlled by the State.160F. Application of Part XXIB in relation to other media laws
In the event of inconsistency between this Part and the Broadcasting Services [Chapter 12:06] (No. 3 of 2001), the Access to Information and Protection of Privacy [Chapter 10:27](No. 5 of 2002) or any other enactment, this Part shall prevail over that enactment to the extent of the inconsistency.160G. Access to public broadcasting media
160H. Political advertising in broadcasting and print media
160I. Publication of electoral information in public interest
160J. Conduct of news media during election period
During an election period broadcasters and print publishers shall ensure that—160K. Monitoring of media by Commission
Part XXII – Establishment, composition and rules of Electoral Court
161. Establishment and jurisdiction of Electoral Court
162. Judges of Electoral Court and composition thereof
163. Assessors
164. Registrar of Electoral Court
165. Rules of Electoral Court
Part XXIII – Election petitions
166. Interpretation in Part XXIII
In this Part—"respondent" means the President, a member of Parliament or councillor whose election or qualification for holding the office is complained of in an election petition.[definition substituted by Act 17 of 2007]167. Who may present election petition
A petition complaining of an undue return or an undue election of a member of Parliament by reason of want of qualification, disqualification, electoral malpractice, irregularity or any other cause whatsoever may be presented to the Electoral Court by any candidate at such election.[section amended by Act 17 of 2007]168. Provisions governing election petitions
169. Notice of election petition to be served on respondent
Notice in writing of the presentation of a petition and of the names and addresses of the proposed sureties, accompanied by a copy of the petition, shall, within ten days after the presentation of the petition, be served by the petitioner on the respondent either personally or by leaving the same at his or her usual or last known dwelling or place of business.170. Respondent may object to security provided
171. Provisions as to trial of election petition
172. Appeals from decisions of Electoral Court
173. Procedure where Electoral Court reports cases of corrupt practices or illegal practices
If the Electoral Court states in the report on the trial of an election petition that any person has or may have been guilty of a corrupt practice or illegal practice or that there is reason to believe that electoral malpractices have extensively prevailed at the election to which the petition refers—174. Witnesses
175. Witnesses not excused from answering incriminating questions
176. Respondent may testify that election of petitioner undue
On the trial of a petition complaining of an undue election or undue return and claiming the seat for some person the respondent may give evidence to prove that the election of that person was undue, in the same manner as if the respondent had presented a petition complaining of such election.177. When non-compliance with this Act invalidates election
An election shall be set aside by the Electoral Court by reason of any mistake or non-compliance with the provisions of this Act if, and only if, it appears to the Electoral Court that—178. Withdrawal of election petition
179. Election petition terminated on death of petitioner
180. Position when respondent does not oppose election petition
A respondent who has given notice that he or she does not intend to oppose the election petition shall not, without the leave of the Electoral Court, be allowed to appear or to act as a party against the election petition in any proceedings thereon, and shall not sit or vote in Parliament, pending the result of the trial of the petition, and the Electoral Court shall, in all cases in which such notice has been given, report the same to the Commission.181. Costs of election petition
182. Time within which election petition to be determined
Every election petition shall be determined within six months from the date of its presentation.Part XXIV – General
183. When incapacity may be removed
Whenever a person has become subject to any incapacity under this Act or any other law by reason of a conviction, or by reason of a declaration or report of a court, and any witness who gave evidence against such incapacitated person upon the proceedings for the said conviction, declaration or report is convicted of perjury or of contravening subsection (2) of section one hundred and seventy-four in respect of that evidence, the incapacitated person may apply to the Electoral Court which, if satisfied that the conviction, declaration or report, so far as it concerns that person, was based upon perjured or false evidence, may order that his or her incapacity shall from that time cease, and the incapacity shall cease accordingly.184. No person required to divulge how he or she voted
No person who has voted at an election shall in any legal proceedings, whether taken to question the election or return or otherwise, be required to state for whom he or she has voted.185. Evidence as to holding of election
Upon any charge of an electoral malpractice or illegal practice or any other offence against this Act alleged to have been committed at or in connection with an election, the certificate of the constituency elections officer for the constituency concerned, certifying that the election mentioned therein was being or had been held, shall be sufficient evidence of the fact that such election was being or had been held.[section amended by Act 17 of 2007]186. Penalty for interruptions in connection with elections
Any person who wilfully interrupts, obstructs or disturbs any proceedings taken under this Act in connection with an election shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.187. Maintenance of secrecy
188. How public notice may be given and documents served
189. Validation of certain documents despite misnomer or inaccurate description
No misnomer or inaccurate description of any person or place in any voters roll or in any list, nomination paper, ballot paper, notice or other document required for the purposes of this Act shall affect the full operation of the document with respect to that person or place where the description of the person or place is such as to be commonly understood.190. Complaints to Commission
191. Provision of copies of electoral legislation
192. Regulatory powers of Commission
193. Repeal of Cap. 2:01 and savings
History of this document
28 May 2018 amendment not yet applied
Amended by
Electoral Amendment Act, 2018
31 December 2016 this version
Consolidation
01 February 2005
Commenced
Documents citing this one 5
Legislation 3
1. | Urban Councils Act | 1 citation |
2. | Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (No. 2) Order, 2020 | |
3. | Traditional Leaders Act |
Gazette 2
1. | Zimbabwe Government Gazette dated 2005-02-01 number 9 | |
2. | Zimbabwe Government Gazette dated 2020-08-20 number 84 |