Electoral Act
Chapter 2:13
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 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.
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 for 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:–
Part I – Preliminary
1. Short title and date of commencement
This Act may be cited as the Electoral Act .
2. Application
This Act shall apply to—
(a)the election of members of Parliament and elections to the office of President for the purposes of the Constitution; and
(b)elections to provincial councils and the governing bodies of councils for the purposes of the Rural District Councils Act and the Urban Councils Act .
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—
(a)the authority to govern derives from the will of the people demonstrated through elections that are conducted efficiently, freely, fairly, transparently and properly on the basis of universal and equal suffrage exercised through a secret ballot; and
(b)every citizen has the right—
(i)to participate in government directly or through freely chosen representatives, and is entitled, without distinction on the ground of race, ethnicity, gender, language, political or religious belief, education, physical appearance or disability or economic or social condition, to stand for office and cast a vote freely;
(ii)to join or participate in the activities of and to recruit members of a political party of his or her choice;
(iii)to participate in peaceful political activity intended to influence the composition and policies of Government;
(iv)to participate, through civic organisations, in peaceful activities to influence and challenge the policies of Government;
and
(c)every political party has the right—
(i)to operate freely within the law;
(ii)to put up or sponsor one or more candidates in every election;
(iii)to campaign freely within the law;
(iv)to have fair and equal access to electronic and print media, both public and private;
(v)to have reasonable access to all material and information necessary for it to participate effectively in every election;
(d)every candidate has the right—
(i)to have fair and equal access to electronic and print media, both public and private;
(ii)to have reasonable access to all material and information necessary for him or her to participate effectively in the election;
(e)voting methods must be simple, accurate, verifiable, secure and transparent.
4. Interpretation
(1)In this Act—"absence", in relation to the absence of the Chairperson of the Commission, includes absence occasioned by the vacation of the office of the Chairperson;"by-election" means an election to fill a casual vacancy in the membership of the Senate or the National Assembly or in the governing body of a local authority;"call", in relation to an election, means to issue a proclamation referred to in section 38 or a notice in terms of section 39 in relation to that election, as the case may be;"casual or special vacancy", in relation to a council, means a vacancy referred to in section 32 of the Rural District Councils Act or section 78 of the Urban Councils Act ;"Chief", has the meaning given thereto in the Traditional Leaders Act ;"chief election agent" means the person appointed in terms of section ninety-four as an election agent;"Chief Elections Officer" means the Commission’s Chief Elections Officer appointed in terms of section 9, or any officer of the Commission acting on his or her behalf;"claim form" means the prescribed form of claim for registration as a voter under Part V;"claim" means a claim to be registered as a voter in a ward or constituency;"claimant" means a person who presents himself or herself for registration as a voter in terms of subsection (1) of section twenty-four;"Clerk of Parliament" means the Clerk of Parliament appointed in terms of section 154 of the Constitution;"Commission" means the Zimbabwe Electoral Commission established by section 238(1) of the Constitution;"Commissioner" means a member of the Commission, including the chairperson of the Commission;"competent witness" "constituency" means a constituency into which Zimbabwe is divided or deemed to have been divided in terms of section 160 of the Constitution for the purpose of elections to the National Assembly;"constituency candidate" bears the meaning given to that phrase in section 45B;"constituency centre" means a constituency centre established in terms of section 37C(1)(c) for an election to the office of President or in terms of section 37C(1)(d) for an election of members of Parliament, as the case may be;"constituency elections officer", in relation to—(a)an election of a member of the National Assembly, means a person appointed in terms of section 10(4)(a) as constituency elections officer for the purposes of that election;(b)an election to the office of President, means a person appointed in terms of section 10(4)(b) as the presidential constituency elections officer for the purposes of that election in the constituency concerned;"constituency member" bears the meaning given to that phrase in section 45B;"constituency registrar" "constituency return" means a return in the prescribed form recording the result of a collation of the votes for a Presidential election at a constituency centre in terms of section 110;"corrupt practice" means any of the following offences referred to in Part XIX, namely—(a)undue influence;(b)bribery;(c)personation;(d)attempting to commit or inciting the commission of an offence specified in paragraph (a), (b) or (c);"council" means a municipal council, town council or rural district council established in terms of the Rural District Councils Act or the Urban Councils Act for any local authority area;"councillor" means a member of a council;"covering envelope" means the envelope referred to in section 74(1)(b);"designated magistrate" means a magistrate designated for the purposes of Part VI by the Minister to whom the administration of the Magistrates Court Act has been assigned;"designated office-bearer" means an office-bearer of a political party designated as such to the Commission by the political party in accordance with section 38A(1)(a) or (b);"disciplined force" means the Defence Forces, the Police Service or the Prison Service;"district" means a district as defined in the Rural District Councils (Districts) Notice, 1992, published in Statutory Instrument 67 of 1992, or any other enactment that may be substituted for the same;"district centre" "district special voting officer" "election" means—(a)the election of a member of Parliament; or(b)an election to the office of President; or(c)an election for the purposes of the Rural District Councils Act or the Urban Councils Act ;as the case may be;"election agent" means a chief election agent or person appointed in terms of section ninety-five as an election agent;"election expenses", in relation to a candidate at an election, means all moneys expended or expenses incurred on account of or in respect of the conduct or management of that election by that candidate or on his or her behalf or in his or her interests, but does not include the nomination fee or any moneys expended or expenses incurred by or in the interests of a political party of which the candidate is a member if they do not relate directly to him or her;"election period" or "period of an election" means—(a)in the case of a Presidential election, the period between the calling of the election and the declaration of the result of the poll in terms of section 110(3)(h);(b)in the case of a general election for the purpose of electing members of Parliament, the period between the calling of the election and the declaration of the result of the poll for the last constituency in terms of section 66(1);(c)in the case of an election to fill a vacancy in the membership of Parliament, the period between the calling of the election and the declaration of the result of the poll for the constituency concerned in terms of section 66(1);(d)in the case of a general election for the purpose of electing councillors, the period between the calling of the election and the declaration of the result of the poll in terms of section 130(1) for the last council area or ward of the local authority concerned;(e)in the case of an election for the purpose of filling a casual or special vacancy in the governing body of a local authority, the period between the publication of a notice referred to in section 121A and the declaration of the result of the poll in terms of section 130(1) for the council area or ward of the local authority concerned;"election petition" "Electoral Court" means the Electoral Court established by section one hundred and sixty-one;"electoral officer" means the Chief Elections Officer, an officer employed by the Commission or seconded to its service, a nomination officer, a provincial elections officer, a constituency elections officer, a ward elections officer, a presiding officer, a polling officer, or any official referred to in section 18(1) or 19;"electoral malpractice" means an intimidatory practice, corrupt practice, illegal practice or other offence in terms of Part XX;"electoral province" bears the meaning given to that phrase in section 45B;"Electoral Supervisory Commission" "fixed date" means the date fixed in terms of subsection (2) of section one as the date of commencement of this Act;"general election" means a general election of members of Parliament, other than Chiefs;"illegal practice" means any offence that is stated in Part XX to be an illegal practice;"intimidatory practice" means any offence under Part XVIIIA;"list of votes marked by the presiding officer" "local authority area" means an area the limits of which have been fixed in terms of the Rural District Councils Act or the Urban Councils Act or any other laws substituted for the same;"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;"money" includes any pecuniary reward;"monitor" "multiparty liaison committee" has the meaning assigned to that term by section 160A;"National Command Centre" means the National Command Centre established in terms of section 37C(1)(a);"nomination day", in relation to—(a)the election of a member of Parliament, other than a Chief, means any day fixed in terms of paragraph (a) of subsection (2) of section thirty-eight;(b)an election to the office of President, means the day fixed in terms of paragraph (a) of subsection (1) of section one hundred and three;"nomination fee" means the sum deposited with the candidate’s nomination paper in terms of section 47 or section 105;"nomination officer" means any person appointed by the Commission to receive nominations for candidates for elections to the office of the President or to Parliament or to a council;"nomination paper in the prescribed form", "nomination paper" or nomination form" means, in reference to—(a)to the Presidential or National Assembly constituency elections, either of the forms prescribed in the Ninth Schedule; or(b)any other election, the prescribed nomination form;"metropolitan council" means a council established by section 268 of the Constitution for a province other than a metropolitan province;"observer" means a person accredited as an observer in terms of Part IXB;"office hours", in relation to—(a)an office that is normally open to members of the public, means the hours on a week-day during which that office is open to members of the public;(b)an office that is not normally open to members of the public, means the hours on a weekday during which business is conducted in that office;"ordinary polling station" "party list", "party-list candidate" and "party-list seat" bear the meanings given to those phrases in section 45B;"payment" includes any pecuniary or other reward;"pecuniary reward" includes any office, place or employment, any valuable security or other equivalent for money and any valuable consideration;"personal expenses", in relation to a candidate at an election, means the reasonable travelling expenses of that candidate and of his or her chief election agent, if any, and the reasonable expenses of their living at hotels or elsewhere for the purposes of and in relation to that election;"polling day", in relation to—(a)an election to the office of President, means the day or days fixed in terms of section 38(1)(a)(ii) or (iii), as the case may be, for the taking of a poll in that election;(b)the election of a member of the National Assembly, other than a party-list candidate, means the day or days fixed in terms of section 38(1)(b)(ii) for the taking of a poll in that election;(c)the election of a Senator Chief, means the day fixed in terms of section 38(3)(b) for the meeting of electoral colleges in terms of Part X;(d)the election of a Senator to represent persons with disabilities, means the day fixed in terms of the Seventh Schedule for the meeting of Electoral College for Persons with a Disability;(e)the election of a councillor, means a day fixed in terms of section 38(1)(c)(ii) or 121A(2)(c), as the case may be, for the taking of a poll in that election;"political party" means any political organisation;"polling officer" means any person appointed in terms of subsection (2) of section fifty-two to be a polling officer;"polling station" means a polling station referred to in subsection (1) of section fifty-one;"polling-station return" means a return in the prescribed form recording the result of a counting of the votes at a polling station in terms of section sixty-four;"postal vote" means a vote cast by a postal voter;"postal voter" means a person who votes by post in terms of Part XV;"provincial council" means a council established for a non-metropolitan province in terms of section 269 of the Constitution;"prescribed" means prescribed by the Commission by regulations made in terms of section one hundred and ninety-two;"presiding officer" means any person appointed in terms of subsection (2) of section fifty-two to be a presiding officer;"prohibited symbol" means a symbol or representation declared to be a prohibited symbol in terms of subsection (1) of section one hundred and forty-six;"proof of identity" means a valid Zimbabwe passport, or a notice or identity document issued in terms of section 7 of the National Registration Act , or a valid driver’s licence containing an identity number assigned to the holder thereof under the National Registration Act ;"proof of residence", in relation to a constituency, means proof by way of—(a)a receipt or demand for payment of any rate in terms of the Urban Councils Act , rate or levy in terms Rural District Councils Act , or charge for the provision of electricity, in the name of the owner of the property concerned (or in the case of an occupier other than the owner, such a receipt or demand in the name of the owner accompanied by a written statement of the owner confirming the occupation of the property by the occupier) or any other satisfactory documentary evidence reasonably establishing the place of residence of the voter or claimant; or(b)a sworn statement by the employer of the voter or claimant confirming the voter’s or claimant’s address; or(c)a bank statement, hospital bill or envelope with a post marking, bearing the name of the voter or claimant and the voter’s or claimant’s address; or(d)a sworn oral or written statement by the councillor, Chief, headman or village head of the area or village where the voter or claimant resides, confirming that the voter or claimant resides in the area or village concerned; or(e)a sworn written statement by a property owner on whose property the voter or claimant resides;"province" means an area of Zimbabwe declared as such in terms of the Provincial Councils and Administration Act or any other law substituted for the same;"provincial command centre" means a provincial command centre established in terms of section 37C(1)(b);"provincial elections officer" means a person appointed as such in terms of section 10(5);"qualified", in relation to a person claiming or entitled to be registered as a voter for a constituency, means qualified to be a voter in that constituency in accordance with the Fourth Schedule to the Constitution and section twenty-three, and "disqualification" shall be construed accordingly;"register of assisted voters" means the register kept by a presiding officer in terms of section 59(3);"registered", in relation to a voter, means registered in terms of Part V for the purpose of voting at an election;"Registrar-General of Voters" "responsible authority" means, in relation to—(a)a council, the town clerk or chief executive officer of the local government body concerned, or any person acting in that capacity, as the case may be;(b)a statutory body, the board or other body responsible for the governance of the statutory body concerned, or, if that board or body is not appointed at the time anything is required to be done by it under this Act, the chief executive officer of that statutory body by whatever name he or she may be styled;"roving political party election agent" means a roving political party election agent appointed in terms of section 93A;"runoff presidential election" means a second presidential election held in the circumstances specified in section 110(3)(f)(iii);"Service Commissions" "Speaker" means the Speaker of the National Assembly;"special ballot paper" "special polling station" "special vote" "statutory body" means—(a)any Commission established by the Constitution;(b)any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by the Constitution;"voter," in relation to an election to the office of President or to Parliament or to a governing body of a local authority, means a person entitled to vote at that election by virtue of being registered as a voter;"voters registration certificate" means a certificate of registration as a voter issued in terms of section 26;"voter registration officer" means a person who is appointed in terms of section 19(1) to be a voter registration officer, and includes any person assisting the Commission in that capacity;"voters roll" means (unless expressly otherwise specified) the voters roll for any ward;"ward centre" means a ward centre established for a council election in terms of section 37C(1)(f);"ward elections officer" means a person employed or appointed in terms of section 10(4)(c);"ward or council centre" "ward" means one of several subdivisions of a local authority area delimited for the purpose of electing members of the governing body of that authority;"Zimbabwe Human Rights Commission" means the Commission established by section 242 of the Constitution.
(2)Notwithstanding anything contained in the definition of "competent witness" in subsection (1), a candidate in an election or an agent of such a candidate shall not be a competent witness in respect of voting by post in that election.
Part II – Zimbabwe Electoral Commission
4A. Corporate status and ancillary powers of Commission
(1)The Zimbabwe Electoral Commission shall be a body corporate capable of suing and being sued and, subject to the Constitution and this Act, of performing all acts that bodies corporate may by law perform.
(2)Without limiting subsection (1) but subject to this Act, for the better exercise of its functions the Commission shall have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in Part I of the Sixth Schedule, either absolutely or conditionally and either solely or jointly with others.
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—
(a)undertaking and promoting research into electoral matters; and
(b)developing expertise and the use of technology in regard to electoral processes; and
(c)promoting co-operation between the Government, political parties and civil society in regard to elections; and
(d)keeping the public informed about—
(i)the times and places where persons can register as voters and the progress of the voter registration exercise; and
(ii)the delimitation of wards, constituencies and other electoral boundaries; and
(iii)the location and boundaries of polling stations and when they are open; and
(iv)voters rolls and the times and places at which they are open for inspection; and
(v)political parties and candidates contesting every election; and
(vii)generally, all matters relating to the Commission’s work and the electoral process;
and
(e)making recommendations to Parliament on appropriate ways to provide public financing for political parties.
6. Terms and conditions of office of Commissioners
Part II of the Sixth Schedule applies to the terms and conditions of office of Commissioners.
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.
7. Procedure of Commission
(1)Part III of the Sixth Schedule applies to the procedure to be followed by the Commission at its meetings.
(2)The Commission shall adopt and adapt the procedures set out in the Sixth Schedule in such a manner as to promote fairness and transparency in the performance of its functions.
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
(1)For the better exercise of its functions the Commission shall appoint a chief executive who shall be called the Chief Elections Officer.
(2)Subject to the general control of the Commission, the Chief Elections Officer shall—
(a)manage the affairs and property of the Commission;
(b)supervise and control the activities of the other employees of the Commission in the course of their employment;
(c)be the accounting officer of the Commission in terms of the Public Finance Management Act (No. 11 of 2009);
(d)perform any of the functions of the Commission that the Commission may entrust or assign to him or her:Provided that the Commission shall not assign to the Chief Elections Officer any duty that has been assigned to the Chairperson of the Commission.
(3)Any assignment of functions in terms of subsection (2)(d) may be made either generally or specially and subject to such reservations, restrictions and exceptions as the Commission may determine, and may be revoked by the Commission at any time.
(4)The Commission shall terminate the appointment of the Chief Elections Officer if—
(a)he or she would be required in terms of paragraph 3(b) or (c) of the Sixth Schedule to vacate his or her office had that paragraph and paragraph 2(1)(a), (b) and (c) of the Sixth Schedule, and subparagraph (2) of that paragraph, applied to him or her; or
(b)he or she breaches any condition of service prescribed in terms of section 191(2)(a1) for the breach of which his or her appointment may be terminated.
(5)The Commission shall not terminate the services of the Chief Elections Officer on a ground other than one referred to in subsection (4) without the approval of the Minister.
(6)The Chief Elections Officer shall have the right to attend meetings of the Commission and, except in the case of any discussion relating to the terms and conditions of his or her appointment, to take part in the proceedings of the Commission as if he or she were a Commissioner, but shall not have a vote on any question before the Commission.
(7)The Commission shall employ such persons in addition to the Chief Elections Officer as it considers expedient for the better exercise of the functions of the Commission.
(8)The Commission shall, with the approval of the Minister responsible for finance, fix the terms and conditions of service of the employees of the Commission.
(9)The remuneration and other benefits payable to the Chief Elections Officer and other employees and agents of the Commission shall be paid from the funds of the Commission.
10. Staff of Commission during elections
(1)At the request of the Commission, the chairpersons of the Public Service Commission and the Health Services Board established by the Health Services Act (No. 20 of 2004) and the responsible authority of any statutory body or council shall second to the Commission such persons in the employment of the State, the statutory body or the local authority, as the case may be, as are necessary to hold such offices and perform such functions as the Commission may direct during an election.
(2)The Commission shall select, screen and train all persons seconded in accordance with subsection (1) to enable the persons so seconded to discharge their functions adequately under this Act.
(3)For the period of an election, every person seconded to the Commission under subsection (1) shall be under its direction and control in every respect as if he or she were an employee of the Commission.
(4)For the purposes of—
(a)an election of one or more constituency members of the National Assembly, the Commission may appoint a member of its staff or one of the persons seconded in terms of subsection (1) to be the constituency elections officer for each constituency in which the election is to take place;
(b)an election to the office of President, the Commission may appoint a member of its staff or one of the persons seconded in terms of subsection (1) to be the presidential constituency elections officer for each constituency for the purposes of the election;
(c)an election of one or more councillors, the Commission may appoint a member of its staff or one of the persons seconded in terms of subsection (1) to be the ward elections officer for each ward in which the election is to take place;
10A. Provisions guaranteeing independence of Commission
(1)Every Commissioner and member of staff of the Commission shall perform their functions independently.
(2)The State and any private person (including a private voluntary organisation), and any other person, body, organ, agency or institution belonging to or employed by the State or any private person a local authority or otherwise, shall not interfere with, hinder or obstruct the Commission, its Commissioners or any member of staff of the Commission, in the exercise or performance of their functions.
(3)The State and any person, body, organ, agency or institution, belonging to or employed by the State, shall afford the Commission such assistance as may be reasonably required for the protection of the independence, impartiality and dignity of the Commission.
11. Provisions to ensure independence, impartiality and professionalism of Commissioners and staff and agents of Commission
(1)In this section—"political office" means—
(a)the office of—
(ii)a Vice-President, Minister or Deputy Minister; or
(iii)a member of Parliament; or
(iv)a member of a provincial or metropolitan council; or
or
(b)any executive or elected office, whether remunerated or not, in the service of a political party or of an organisation or movement which publicly supports or opposes the policies, candidates or cause of a political party;
(2)Commissioners and the Commission’s employees and agents shall—
(a)exercise their functions in a manner that—
(i)promotes conditions conducive to free, fair and democratic elections and referendums; and
(ii)ensures that the secrecy and integrity of voting at elections and referendums is respected;
and
(b)not interfere, directly or indirectly, with the exercise by a voter of his or her rights under this Act; and
(c)maintain strict impartiality in the exercise of their functions; and
(d)not do anything, whether in the exercise of their functions or otherwise and whether by way of action, speech, attitude or manner, that may—
(i)give rise to a reasonable apprehension that they are exercising their functions with partiality or bias; or
(ii)place in jeopardy their independence or the perception of their independence; or
(iii)compromise the Commission's credibility, impartiality, independence or integrity;
and
(e)assist accredited observers to exercise their functions under this Act; and
(f)safeguard all ballot boxes, ballot papers and other electoral documentation and materials entrusted to the custody of the Commission in terms of this Act; and
(g)not—
(i)divulge, except in the exercise of his or her functions or with the Commission’s prior approval; or
(ii)make private use of or profit from;
any confidential information gained through being a Commissioner or an employee or agent of the Commission.
(3)Without derogation from section 236 of the Constitution or subsection (2)(c) and (d) of this section, no Commissioner and no full-time employee of the Commission shall—
(a)hold, or seek appointment, election or nomination to, any political office; or
(b)except in the exercise of his or her functions as a Commissioner or as an employee of the Commission, perform any work for a political party or candidate in connection with an election or referendum; or
(c)knowingly wear any badge or article of clothing that is or is reasonably likely to be associated with a political party or candidate contesting any election or supporting or opposing any question put to a referendum.
(4)Subsection (3) applies to part-time employees of the Commission during any period that they are employed or engaged by the Commission.
12. Funds and finances of Commission
(1)The funds of the Commission shall consist of—
(a)moneys appropriated to the Commission by Act of Parliament; and
(b)fees, charges and other income accruing to the Commission from things done by it in terms of this Act; and
(c)the proceeds of any monetary penalties imposed by the Commission under this Act; and
(d)nomination fees paid by candidates under this Act; and
(e)donations or grants from any local or foreign source whatsoever, which have been approved by the Minister and the Minister responsible for finance; and
(f)such other moneys as may vest in or accrue to the Commission, whether in the course of its operations or otherwise, and whether under this Act or any other enactment.
(2)Moneys not immediately required by the Commission may be invested in such manner as the Commission in consultation with the Minister may approve.
(4)Subject to this section, Part IV of the Sixth Schedule applies in relation to the Commission’s finances.
13. Reports of Commission on elections, referendums and other matters
(1)As soon as possible after the result of any election or referendum has been announced, and in any event no later than six months thereafter, the Commission shall submit a report on the conduct of the election or referendum to—
(a)the President, the President of the Senate, the Speaker of the National Assembly and the Minister; and
(b)each of the political parties that contested the election or referendum.
(2)As soon as possible after the end of each financial year the Commission shall submit to the President, President of the Senate, the Speaker of the National Assembly and the Minister a report on its activities during that financial year.
(3)The Commission—
(a)shall submit to the President, the President of the Senate, the Speaker of the National Assembly and the Minister such other reports on any matter related to its activities as the President, the President of the Senate, the Speaker of the National Assembly and the Minister may require; and
(b)may submit to the President, the President of the Senate, the Speaker of the National Assembly and the Minister such other reports on any matter related to its activities as the Commission considers advisable.
(4)The Speaker of the National Assembly shall cause every report received in terms of subsection (1), (2) or (3) to be laid before Parliament on one of the twenty-four days on which the Senate and the National Assembly next sit, whichever House meets first after the Speaker of the National Assembly has received the report.
(5)The Minister shall, within six months of the end of the Commission’s financial year, lay before Parliament a report submitted to him or her by the Commission in terms of subsection (3)(a).
14. Legal proceedings against Commission
(1)Subject to subsection (1), the State Liabilities Act applies, with any necessary changes, to legal proceedings against the Commission as if the Chairperson of the Commission were a Minister.
(2)Despite sections 6, 7 and 8 of the State Liabilities Act , no notice of intention to institute proceedings as required by those provisions shall be required when instituting proceedings against the Commission.
Part IV – Voter registration functions of Commission
17A. Voter registration to be conducted continuously
(1)Voter registration shall be conducted on a continuous basis so as to keep the voters rolls up-to-date.
(2)Pursuant to subsection (1), every person claiming to be a voter shall be entitled, at any time while the voters roll is open, to lodge a claim for registration as a voter or for the transfer of registration as a voter in terms of this Act—
(a)during normal working hours on any working day, in the case of a registration office; or
(b)during the period when a mobile voter registration facility is operating in the area where the voter wishes to be registered as a voter, or from or to which he or she wishes to be transferred as a voter.
18. Commission to register voters
(1)In this section—"former Registrar-General of Voters" is a reference to the Registrar-General of Voters appointed in terms of section 18 of this Act before its substitution by this section through the General Laws Amendment Act, 2016;"Registrar-General of Births and Deaths" means the person referred to in section 3(a) of the Births and Deaths Registration Act ;"Registrar-General of Citizenship" means the person referred to in section 3 of the Citizenship of Zimbabwe Act ;"Registrar-General of National Registration" means the person referred to in section 3(a) of the National Registration Act .
(2)The Commission is deemed with effect from the 22nd May, 2013 (being the "publication day" of the Constitution of Zimbabwe, 2013), to have assumed the functions of the former Registrar-General of Voters, that is to say such functions as were imposed or conferred upon the Registrar-General of Voters by or under this Act before the 22nd May, 2013, including in particular the functions of registering voters, compiling voters’ rolls and registers, ensuring the proper custody and maintenance of voters’ rolls and registers, and all other functions in connection therewith:Provided that, consistently with section 239(j) of the Constitution, the Commission may give such instructions to the former Registrar-General of Voters, in his or her capacity as the Registrar-General of Births and Deaths, the Registrar-General of Citizenship and the Registrar-General of National Registration, as will ensure the efficient, free, fair, proper and transparent conduct of any election or referendum.
(3)Notwithstanding any other provision of this Act, the Commission may—
(a)direct the Chief Elections Officer, a voter registration officer, the former Registrar-General of Voters or (subject to paragraph (b)) any member of the Civil Service to assume and exercise any function which in terms of this Act before its amendment by the General Laws Amendment Act, 2016, is vested in a constituency registrar;
(b)with the consent of the Civil Service Commission, instruct any member of the Civil Service to assist it in any of its voter registration functions in terms of this Act;
(c)in relation to an election to which Part XVIII applies, delegate any of its voter registration functions in terms of this Act, the Rural District Councils Act or the Urban Councils Act to a member of the Civil Service.
(4)The Commission and the former Registrar-General of Voters, in his or her capacity as the Registrar-General of Births and Deaths, the Registrar-General of Citizenship and the Registrar-General of National Registration, have a duty to cooperate with each other to ensure that their respective databases, as they relate to the eligibility or potential eligibility of voters, are in harmony with each other.
(5)The Minister may, after consultation with the Commission and the former Registrar-General of Voters, by regulations made in terms of this section, provide for—
(a)the manner of dealing with any confidential information in the custody of the former Registrar-General of Voters and the conditions under which it may be shared with the Commission; and
(b)the resolution of any discrepancies between the records of the former Registrar-General of Voters and those of the Commission; and
(c)the resolution of any disputes whatsoever that may arise between the Commission and the former Registrar-General of Voters; and
(d)mandatory automatic and electronic voter registration.
19. Voter registration officers and registration offices
(1)Voter registration shall be conducted by the Commission through its voter registration officers (who shall be employees of the Commission and who may be appointed to this office conjunctively with any other office as an electoral officer) or any persons whom the Commission may from time to time appoint to assist in voter registration.
(2)A voter registration officer shall be appointed for such locality as the Commission may determine, including (but not limited to) a constituency, district or ward.
(3)Voter registration officers shall exercise the functions conferred upon them by or under this Act under the general supervision and direction of the Commission.
(4)A person seeking registration as a voter may approach any of the registration offices of the Commission for registration as a voter during the period specified in section 17A(2).
20. Voters rolls to be kept by Commission
(1)The Commission shall keep and maintain in printed and electronic form a voters roll for each ward and constituency, containing the names of all registered voters who may vote in that ward and constituency.
(2)A voters roll shall specify, in relation to each registered voter—
(a)the voter’s first and last names, date of birth, national registration number and sex; and
(b)the place where the voter ordinarily resides; and
(c)such other information as may be prescribed or as the Commission considers appropriate.
(3)Subject to subsection (2), a voters roll shall be in such form as may be prescribed or as the Commission considers appropriate:Provided that every roll shall be kept in both printed and electronic form.
(4)The Commission shall—
(a)keep at least one copy of every voters roll at its head office; and
(b)keep at least one copy of each ward and constituency voters roll at all the Commission’s offices within the constituency concerned:Provided that where there is no office of the Commission within the constituency concerned, the constituency registrar shall have charge and custody of the ward and constituency voters roll for his or her constituency; and
(c)keep at least one copy of a consolidated national voters roll at its head office.
(5)In the event of any discrepancy between an electronic copy of a voters roll and a printed copy of a voters roll, the latter shall be deemed to be the authentic record of the voters roll.
21. Inspection of voters rolls and provision of copies
(1)Every voters roll shall be a public document and open to inspection by the public, free of charge, during ordinary office hours at the office of the Commission or the registration office where it is kept.
(2)A person inspecting the voters roll for a constituency may, without removing the voters roll, make any written notes of anything contained therein during office hours.
(3)The Commission shall within a reasonable period of time provide any person who requests it, and who pays the prescribed fee, with a copy of any ward or constituency voters roll, either in printed or in electronic form as the person may request.
(4)Within a reasonable period of time after the calling of an election, the Commission shall provide, on payment of the prescribed fee, to every political party that intends to contest the election, and to any accredited observer who requests it, one copy of every voters roll to be used in the election, either in printed or in electronic form as the party or observer may request.
(5)Fees prescribed for the purposes of subsection (3) or (4) shall not exceed the reasonable cost of providing the voters roll concerned.
(6)Within a reasonable period of time after nomination day in an election, the Commission shall provide—
(a)free of charge, to every nominated candidate, one copy in electronic form of the constituency voters roll to be used in the election for which the candidate has been nominated; and
(b)at the request of any nominated candidate, and on payment of the prescribed fee, one copy in printed form of the constituency voters roll to be used in the election for which the candidate has been nominated.
(7)Where a voters roll is provided in electronic form in terms of subsection (3), (4) or (6), its format shall be such as allows its contents to be searched and analysed:Provided that—
(i)the roll may be formatted so as to prevent its being altered or otherwise tampered with;
(ii)the Commission may impose reasonable conditions on the provision of the roll to prevent it from being used for commercial or other purposes unconnected with an election.
(8)For the purposes of any election the Chief Elections Officer shall, through the appropriate constituency elections officer, supply sufficient copies of the ward voters roll to every polling station.
(9)Any person who, having been provided with a voters roll in terms of this section—
(a)alters the voters roll, that is to say, excises any name from, adds any name to or otherwise alters the voters roll with intent to misrepresent to any person that the altered voters roll is the authentic voters roll for any election; or
(b)makes use of the voters roll for commercial or other purposes unconnected with an 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.
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—
(a)to demand from any claimant any information reasonably necessary to enable the constituency registrar to ascertain whether the claimant is qualified to be registered as a voter or to ascertain his or her place of residence;
(b)to demand from any person any information reasonably necessary to enable the constituency registrar to ascertain whether a voter or a claimant is qualified to be registered as a voter or to ascertain the place of residence of any voter or claimant or whether any voter or claimant is dead;
(c)to require any voter or claimant to answer such reasonable questions as will enable the constituency registrar to complete a prescribed form of claim in accordance with section twenty-four.
22A. Polling station voters rolls
(1)The Commission shall—
(a)subject to section 51, determine—
(i)the places where polling stations are to be situated within each ward and constituency for the purposes of all elections in terms of this Act; and
(ii)the areas within the ward or constituency concerned that are to be served by each such polling station;
and
(b)subject to Parts IV and V, prepare a voters roll for each polling station area determined in terms of paragraph (a)(ii), on which roll shall be entered the names of all registered voters ordinarily resident within the area.
(2)The Commission shall consult all interested parties when determining the location of polling stations and their areas for the purposes of subsection (1).
(3)Notwithstanding any other provision of this Act, where a voters roll has been prepared for a polling station area—
(a)voters who are registered on that roll shall cast their votes in any election at the polling station for whose area the roll was prepared, unless they are permitted by this Act to vote by post;
(b)the provisions of this Act applicable to or in respect of constituencies and wards, and constituency and ward voters rolls, shall apply, with any necessary changes, to or in respect of the polling station area and such voters roll.
Part V – Residence qualifications of voters and registration of voters
23. Residence qualifications of voters
(1)Subject to the Constitution and this Act, 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:Provided that if a claimant satisfies the Commission that he or she is or intends to be a candidate for election as a member of Parliament for a particular constituency in which he or she is not resident, the claimant may be registered as a voter in that constituency.
(2)For the purposes of subsection (1), a claimant shall be deemed to be residing in a constituency while he or she is absent therefrom for a temporary purpose.
(3)A voter who is registered on the voters roll for a constituency, other than a voter who has been registered in that constituency in terms of the proviso to subsection (1), shall not be entitled to have his or her name retained on such roll if, for a continuous period of twelve months, he or she has ceased to reside in that constituency:Provided that nothing in this subsection shall prevent his or her name from being struck off such voters roll—
(a)on his or her being registered in another constituency; or
(b)if he or she becomes disqualified for registration as a voter.
(4)The Commission, any voter registration officer, or any officer of the Commission may demand from any voter who is registered on the voters roll for a constituency proof of identity or proof of residence in that constituency or both of the foregoing.
(5)For the purposes of subsection (4), the Commission may prescribe documents that shall constitute proof of identity and additionally, or alternatively, proof of residence:Provided that the prescribing of such documents shall not preclude a person from proving his or her identity or residence by other means.
24. Claims for registration
(1)Any person who wishes to be registered as a voter on the voters roll for any constituency shall complete the appropriate prescribed claim form and submit it to a voter registration officer at the appropriate registration office:Provided that a claimant—
(i)may request the assistance of a voter registration officer at the appropriate registration office to complete the appropriate prescribed claim form, and the officer shall comply with that request;
(ii)who, in accordance with the proviso to section 23(1), seeks registration in a constituency in which he or she is not resident shall lodge a claim form with the Commission.
(2)Where a claimant seeks registration in a constituency in which he or she is not resident, he or she shall provide the Commission with an address in that constituency where he or she shall be deemed to be resident for the purposes of any delimitation of constituencies in terms of the Constitution.
(3)If the voter registration officer is satisfied that a claimant who seeks registration in a constituency in which he or she is resident is entitled to be registered as a voter on the voters roll for that constituency, the voter registration officer shall, pursuant to the claim form and subject to this Part, enter the claimant’s name and the particulars relating to him or her on that voters roll.
(4)If, on receipt of a claim form in which the claimant seeks registration in a constituency in which he or she is not resident, the Commission is satisfied that it is appropriate for the claimant to be registered in that constituency, the Commission shall direct the appropriate voter registration officer to enter the claimant’s name and particulars relating to him or her on the voters roll for his or her constituency.
(5)If a voter registration officer considers that a claimant should be registered on the voters roll for some other constituency, the voter registration officer shall forward the claim to the voter registration officer for that other constituency and shall advise the claimant accordingly.
(6)The Chief Elections Officer, any voter registration officer or any officer of the Commission may demand from any claimant proof of identity or proof of residence in that constituency or both of the foregoing.
(7)Any applicant aggrieved by any decision of the Commission or voter registration officer made under this section may lodge a complaint with the Commission in terms of section one hundred and ninety.
25. Claims for transfer of registration
(1)A voter whose name is registered on the voters roll for a constituency and who—
(a)has become resident in another constituency;
(b)wishes, for the reason referred to in the proviso to section 24(1), to be registered in another constituency in which he or she is not resident;
may complete the appropriate prescribed claim form and submit it to a voter registration officer at the appropriate registration office, and shall together with such form submit the voters registration certificate, if any, issued to him or her:Provided that—
(i)an applicant may request the assistance of a voter registration officer at the appropriate registration office to complete the appropriate prescribed form, and the officer shall comply with that request;
(ii)where an applicant seeks transfer of registration because he or she is or intends to be a candidate for election as a member of Parliament in a constituency in which he or she is not resident, the applicant shall send the appropriate prescribed form to the Commission for its approval.
(2)Where an applicant seeks transfer to a constituency in which he or she is not resident, the applicant shall provide the Commission with an address in that constituency where he or she shall be deemed to be resident for the purposes of any delimitation of constituencies in terms of the Constitution.
(3)If the voter registration officer of a particular constituency is satisfied that an applicant who seeks transfer of registration to a constituency in which he or she is resident is entitled to the transfer, the voter registration officer shall—
(a)remove the applicant’s name from the voters roll for his or her constituency; and
(b)forward the applicant’s name and particulars to a voter registration officer for the constituency to which the applicant has applied to be transferred.
(4)On receipt of an applicant’s name and particulars forwarded to him or her in terms of subsection (3) a voter registration officer, if satisfied that the application is in order, shall register the applicant on the voters roll for his or her constituency and, as soon as he or she has done so, notify the voter thereof.
(5)If, on receipt of an application in terms of the proviso to subsection (1) in which the applicant seeks transfer to a constituency in which he or she is not resident, the Commission is satisfied that it is appropriate for the applicant to be registered in that constituency, he or she may direct—
(a)the voter registration officer for the constituency in which the applicant is registered to remove the applicant’s name from the voters roll for his or her constituency and forward the applicant’s name and particulars to the voter registration officer for the constituency to which the applicant has applied to be transferred; and
(b)the voter registration officer of the constituency to which the applicant has applied to be transferred, on receipt of the applicant’s name and particulars forwarded to him or her in terms of paragraph (a), to register the applicant on the voters roll for his or her constituency and, as soon as he or she has done so, to notify the voter thereof;
and the voter registration officers concerned shall comply with any such direction.
(6)Any applicant aggrieved by any decision of the Commission or a voter registration officer made under this section may appeal against the decision to a designated magistrate for the province in which either of the constituencies concerned is situated.
26. Voters registration certificates
(1)On the registration of a voter in terms of this Part the voter registration officer shall issue him or her with a voters registration certificate specifying—
(a)the voter’s last name, date of birth, national registration number and sex; and;
(b)the ward, constituency, district, province and, in the case of polling station specific registration, the polling station in or for which the voter is registered.
(2)On the transfer of the registration of a voter in terms of section 25 the voter shall be issued with a voters registration certificate by the voter registration officer of the constituency to which he or she has been transferred.
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.
Part VI – Objections to registration of voters
27. Objections by voter registration officer
(1)Subject to subsection (7), if a voter registration officer has reason to believe that—
(a)a claimant is not entitled to be registered; or
(b)a claimant is not entitled to be registered on the voters roll on which he or she has claimed to be registered; or
(c)a voter registered on a voters roll is not qualified for registration on that voters roll;
the voter registration officer shall send to the claimant or voter, as the case may be, written notice of objection to which a form of notice of appeal shall be annexed:Provided that no such objection shall be taken or notice sent during an election period (other than during an election period referred to in paragraph (c) or (e) of the definition of the term "election period" in section 4(2), if the objection or notice does not relate to a claimant or voter who may vote at an election referred to in those paragraphs).
(2)A notice of objection in terms of subsection (1) shall be in the prescribed form and shall set forth—
(a)the grounds of objection; and
(b)that, unless notice of appeal is given within a time stated therein, being not less than seven days, or the voter registration officer, on representations made by the person to whom the objection relates, withdraws his or her objection, the claim will be rejected and the claimant registered on the appropriate voters roll or the voter’s name struck off the voters roll, as the case may be.
(3)If—
(a)notice of appeal is not duly given or is withdrawn and the voter registration officer does not withdraw his or her objection, the voter registration officer shall reject the claim, register the claimant on the appropriate voters roll or strike the voter’s name off the voters roll, as the case may be;
(b)notice of appeal is duly given—
(i)the voter registration officer shall, unless he or she withdraws his or her objection, forthwith set down the objection for hearing before a designated magistrate of the province in which the claimant or voter resides; and
(ii)the designated magistrate shall appoint a day and place for the hearing, the day so appointed being not more than thirty days after the date of receipt of the notice of appeal from the voter registration officer.
(4)The voter registration officer shall give written notice to the appellant of the day and place appointed for the hearing.
(5)A notice of appeal shall be accompanied by the prescribed fee.
(6)The appellant may withdraw his or her appeal on written notice to the voter registration officer, and, if the objection has been set down in terms of subsection (3) for hearing, the voter registration officer shall notify the designated magistrate of such withdrawal.
(7)Notwithstanding this section, where a claimant or voter has ceased to be a citizen of Zimbabwe and thereby ceases to be entitled to vote in terms of the Fourth Schedule to the Constitution, it shall not be necessary to send a notice of objection to a claimant or voter before rejecting his or her claim for registration or striking his or her name off the voters roll, as the case may be, if the voter registration officer —
(a)publishes a notice of such striking-off in the Gazette or in a newspaper circulating in the area of the constituency concerned; and
(b)gives written notice to the claimant or voter concerned that his or her claim for registration is incompetent or his or her name has been or is to be struck off the voters roll because he or she has ceased to be a citizen of Zimbabwe.
]
28. Objections by voters
(1)A voter may object to the retention of any name on the voters roll of the constituency in which the objecting voter is registered, and to the removal of his or her name from the voters roll in terms of section 33(4).
(2)An objection in terms of subsection (1) shall be—
(a)in writing, setting forth the grounds of the objection; and
(b)lodged in duplicate with the voter registration officer; and
(c)accompanied by the prescribed fee.
(3)If an objection in terms of subsection (1) is lodged and—
(a)the voter registration officer upholds the objection, he or she shall give written notice accordingly to—
(i)the voter who has objected; and
(ii)the person to whom the objection relates, where the effect of upholding the objection is to strike his or her name off the voters roll or to place it on another voters roll;
and strike the name of the person to whom the objection relates off the voters roll or place it on another voters roll, as the case may be, within fourteen days of the date when the voter registration officer gives notice in accordance with this paragraph, unless, within that period—A. the voter who has objected submits to the voter registration officer a written notice to the effect that he or she wishes the objection to be heard (notwithstanding that the objection is upheld); orB. the person to whom the objection relates submits to the voter registration officer a written notice to the effect that he or she wishes the objection to be heard;in which event paragraph (b) shall apply as if the voter registration officer did not uphold the objection;
(b)the voter registration officer does not uphold the objection, he or she shall (after affording the objector an opportunity to withdraw the objection in any case where it was based on an obvious error or misunderstanding on the part of the objector)—
(i)forthwith set down the objection for hearing before a designated magistrate of the province in which the person to whom the objection relates resides; and
(ii)the designated magistrate shall appoint a day and place for the hearing, the day so appointed being not more than thirty days after the date of lodging of the objection.
(4)The voter registration officer shall—
(a)give written notice to the person lodging the objection and to the person to whom the objection relates of the day and place appointed for the hearing; and
(b)send with such notice to the person to whom the objection relates a copy of the objection, setting forth the grounds thereof.
(5)Notwithstanding anything in this section, if the voter registration officer receives an objection in terms of subsection (1) during the period of thirty days immediately prior to the polling day or first polling day, as the case may be, fixed for an election in the constituency in which the person to whom the objection relates is registered, he or she shall take no action on such objection until after the close of the polling day or last polling day, as the case may be.
(6)A voter who has objected in terms of this section may, at any time after the objection is set down for hearing in terms of subparagraph (i) of paragraph (b) of subsection (3), withdraw the objection on written notice to the voter registration officer and the voter registration officer shall notify the person to whom the objection relates and the designated magistrate of such withdrawal, and no further proceedings shall be taken in relation to that objection.
29. Hearing and determination of objections by designated magistrate
(1)On the hearing of an objection in terms of section twenty-seven or twenty-eight by a designated magistrate the following provisions shall apply—
(a)the objector may appear either in person or by an agent appointed in writing under his or her hand;
(b)the person to whom the objection relates may—
(i)appear either in person or by an agent appointed in writing under his or her hand; or
(ii)forward by post addressed to the designated magistrate a statement in writing, signed by him or her and witnessed by another voter of the same constituency, setting forth the reasons for his or her claim or for remaining on the voters roll, as the case may be;
(c)if objector does not appear as provided in paragraph (a), the designated magistrate shall disallow the objection unless the person to whom the objection relates has, in writing, admitted the validity of the objection;
(d)if the person to whom the objection relates has, in writing, admitted the validity of the objection, the designated magistrate shall direct the voter registration officer —
(i)in the case of a claim for registration as a voter, to reject the claim or to register the voter on the correct voters roll;
(ii)in the case of an objection to a registered voter, to strike his or her name off the voters roll or to place it on the correct voters roll;
(e)if the objector appears as provided in paragraph (a), the designated magistrate shall hear and determine the objection and may direct the voter registration officer —
(i)in the case of a claim, to register the claimant or reject the claim; or
(ii)in the case of an objection to a registered voter, to retain his or her name on the voters roll, to place it on the correct voters roll or to strike it off the voters roll;
as he or she may think fit;
(f)no grounds of objection shall be entertained except such as are specifically set forth in the objection as lodged;
(g)if any party to the proceedings appears by an authorised agent, the designated magistrate may, if he or she considers it necessary, adjourn the hearing for the attendance of that party in person and may make an order requiring his or her attendance accordingly.
(2)The designated magistrate may make such order as to costs as he or she thinks fit if—
(a)in the case of an appeal against an objection by a constituency registrar in terms of section twenty-seven—
(i)the appellant or his or her duly authorised agent fails to appear on the date appointed for the hearing and fails to lodge with the clerk of the court of the designated magistrate, within twenty-four hours after that date, a reasonable excuse for such failure to appear; or
(ii)he or she has disallowed the appeal and held that the grounds of appeal were frivolous or vexatious;
(b)in the case of the hearing of an objection by a voter in terms of section twenty-eight—
(i)the objector does not appear as provided in paragraph (a) of subsection (1) and the person to whom the objection relates has not in writing admitted the validity of the objection; or
(ii)he or she has held that the grounds of objection were frivolous or vexatious.
30. Statement of case for opinion of judge in chambers
(1)If, on the hearing of an objection in terms of section twenty-seven or twenty-eight—
(a)the nature of the claim or objection is such that the designated magistrate is doubtful as to the proper decision to be given upon it, he or she may draw up a statement of the facts and state a question for decision and shall sign it; or
(b)a party to the proceedings so requests, the designated magistrate shall draw up a statement of the facts and state a question for decision and sign it, and such statement shall be signed by the party at whose request it is made;
and the designated magistrate shall transmit the statement to the registrar of the High Court to be laid before a judge in chambers.
(2)Where a case is laid before a judge in terms of subsection (1), the objector and the person to whom the objection relates and any other party interested shall be entitled to be heard in person or represented by a legal practitioner in argument upon the question stated in the case.
(3)The judge before whom a case is laid in terms of subsection (1)—
(a)may call for further information, if he or she thinks fit, from the designated magistrate who transmitted it; and
(b)shall give such decision thereon as appears to him or her right and proper;
and there shall be no appeal from the decision of the judge.
(4)Where a case has been transmitted at the request of a party in terms of paragraph (b) of subsection (1), the judge may make such order as to costs as he or she thinks fit.
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
(1)The various voter registration officers shall ensure that no person is registered as a voter—
(a)more than once on the voters roll for any one constituency; or
(b)on the voters rolls for more than one constituency.
(2)Subject to subsection (3), if a constituency registrar is satisfied that a voter is registered—
(a)more than once on the voters roll for his or her constituency, the voter registration officer shall remove the name where it occurs on the second or any subsequent occasion;
(b)on the voters roll for his or her constituency and on the voters roll for any other constituency, the voter registration officer shall remove the name of the voter from his or her voters roll unless he or she is satisfied that the voter is entitled to be registered on his or her voters roll rather than on the other voters roll.
(3)A voter registration officer shall not remove the name of a voter in terms of subsection (2) unless section twenty-seven is complied with, and that section and sections twenty-nine and thirty shall apply, with any changes that may be necessary, as though the constituency registrar were taking an objection in terms of subsection (1) of section twenty-seven.]
33. Removal from voters roll on disqualification, death or absence
(1)Subject to subsection (5), if a voter registration officer has reason to believe that a voter whose name is registered on a voters roll has become disqualified for registration as a voter, or is dead, the voter registration officer shall remove his or her name therefrom.
(2)Subject to subsection (5), if a voter registration officer is satisfied that a voter registered on a voters roll—
(a)has been absent from his or her constituency for a period of twelve months or longer and is not a voter who was registered with the approval of the Commission in a constituency in which he or she was not resident; or
(b)has left Zimbabwe with the intention of residing permanently outside Zimbabwe;
the voter registration officer shall remove such voter’s name therefrom.
(3)In determining the period of absence of any person for the purposes of subsection (2), no account shall be taken of any period during which the person—
(a)resides outside his or her constituency while he or she is a Vice-President, Minister, Provincial Governor or Deputy Minister; or
(b)is occupied in the discharge of his or her duties outside Zimbabwe while in the service of the State; or
(c)resides temporarily outside Zimbabwe by reason of—
(i)his or her service with an international organisation of which Zimbabwe is or was at the time a member; or
(ii)his or her employment by—
(A)a person resident in Zimbabwe; or
(B)a society, body of persons or company, the control and management of which are in Zimbabwe; or
(C)a body incorporated directly by an enactment in force in Zimbabwe;
or
(iii)his or her attendance at a university or other educational institution;
or
(d)resides outside Zimbabwe on account of ill-health or disability; or
(e)is absent from his or her constituency for the purpose of being with his or her spouse if such spouse is a person referred to in paragraph (a), (b), (c) or (d).
(4)A voter registration officer shall not remove the name of a voter in terms of subsection (1) or (2) unless he or she has published his or her intention to do so in a newspaper circulating in the area of the voter’s last known address and sent to the voter’s last known address a written notice of objection addressed to the voter, to which a form of notice of appeal has been annexed.
(5)The proviso to subsection (1) of, and subsections (2) to (7) of, section twenty-seven and sections twenty-nine and thirty shall apply, with any changes that may be necessary, in relation to the exercise by a voter registration officer of his or her powers in terms of subsection (1) or (2) as though the voter registration officer were taking an objection in terms of subsection (1) of section twenty-seven.
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
(1)In addition to other powers of alteration conferred by this Part, a voters roll may be altered—
(a)by the Commission at any time to correct any error or omission or to change (whether on the oral or written application of a voter or not) the original name or address of the voter to an altered name or address;
(b)by the voter registration officer at any time by correcting any obvious mistake or omission, or by changing, on the written application of a voter, the original name or address of the voter to an altered name or address;
(2)In the case of an alteration in terms of subsection (1) made otherwise than on the oral or written application of a voter, a notice of the alteration shall be published in the Gazette by the Commission or voter registration officer, as the case may be.
(3)Any voter aggrieved by any decision of the Commission or voter registration officer made under this section may lodge a complaint with the Commission in terms of section one hundred and ninety.
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
(1)Subject to subsection (2)(concerning the non-interruption of continuous registration and the exten sion of the period of new registration) and subsection (3)(concerning the automatic transfer of voters on a pre-existing voters roll to the new voters roll), the President, on the advice of the Commission, may at any time, by proclamation in the Gazette, order that there shall be a new registration of voters—
(a)in all wards and constituencies; or
(b)in such wards or constituencies as are specified in the proclamation;
and in the proclamation the President shall fix—
(c)the day upon which the new registration shall begin; and
(d)the latest day upon which claims and applications for registration shall be received, which day shall be not less than sixty days and not more than six months after the day fixed in terms of paragraph (c).
(2)Where a proclamation is published in terms of subsection (1)—
(a)section 17A ("Continuous registration") shall continue to apply and operate alongside the new registration of voters:Provided that when a new voters roll is produced after the conclusion of a new registration of voters ordered by the proclamation, such roll shall, with effect from such date as the Commission shall fix by notice in the Gazette, be the definitive voters roll on the basis of which the continuous registration of voters in terms of section 17A shall be conducted; and
(b)the day fixed in the proclamation as the latest day upon which claims and applications for registration shall be received may be postponed by the Commission by notice in the Gazette to a day not later than one hundred and eighty-one days from the first-mentioned day.
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—
(b)has been absent from his or her constituency for a period of twelve months or longer and is not a voter who was registered with the approval of the Commission in a constituency in which he or she was not resident; or
(c)has left Zimbabwe with the intention of residing permanently outside Zimbabwe;
and the voter registration officer or objecting voter produces to a designated magistrate or a judge in chambers, as the case may be, any of the following—
(d)a death certificate or authenticated copy thereof relating to the voter sought to be removed; or
(e)a sworn statement by the mother, father, brother, sister, son, daughter or other direct descendant of the voter sought to be removed that the voter is dead, or absent for the reason mentioned in paragraph (b) or (c); or
(f)a sworn statement by the councillor, Chief, headman or village head of the area or village where the voter sought to be removed last resided, that the voter is dead;
then it shall be presumed, in the absence of any other reliable evidence, that the ground thus put forward is established.
Part VIII – Offences in relation to registration of voters
37. Offences in relation to registration of voters
(1)Any person who—
(a)receives a claim form and without just cause fails or neglects to do anything in connection with such claim form which he or she is required by this Act to do; or
(b)having obtained possession of a claim form signed by any other person for the purpose of being delivered to the voter registration officer, fails so to deliver it within a period of seven days calculated from the day on which he or she obtained possession thereof;
shall be guilty of an offence and liable to a fine not exceeding level four.
(2)Any person who—
(a)makes a false statement of fact in any claim or application for registration knowing the statement to be false or not knowing or believing it to be true; or
(b)after demand made of him or her in terms of paragraph (a), (b) or (c) of section twenty-two—
(i)without just cause, fails to give any such information as he or she possesses or unreasonably delays in giving the same; or
(ii)furnishes information which he or she knows to be false or does not know or believe to be true;
or
(c)fails to comply with any requirement made in terms of section twenty-two; or
(d)in the name of any other person, whether living, dead or fictitious, signs a claim form to have such other person registered as a voter; or
(e)transmits or is concerned in transmitting to any person as genuine a declaration false in any material particular, knowing the same to be false or not knowing or believing it to be true; or
(f)by himself or herself or any other person procures the registration of himself or herself or any other person on a voters roll for a constituency, knowing that he or she or such other person is not entitled to be registered on that voters roll or is already registered thereon; or
(g)by himself or herself or any other person procures the registration of a fictitious person;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
(3)Any person who—
(a)by intimidation, fraud or misrepresentation causes or induces or attempts to cause or induce any person or any group of persons generally to refrain from registering or taking steps to register as a voter or voters, as the case may be; or
(b)takes, destroys or damages any document belonging or relating to another person in order to prevent the registration of that person as a voter;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
Part VIIIA – Delimitation of constituencies and electoral boundaries
37A. Delimitation of constituencies and electoral divisions to be conducted openly and with consultation
(1)Before fixing and reviewing the boundaries of constituencies and other electoral divisions, the Commission shall cause notice of its intention to do so to be published in the Gazette and in such other manner as the Commission thinks appropriate.
(2)When fixing or reviewing the boundaries of constituencies and other electoral divisions, the Commission shall, so far as is practicable within the time available, entertain representations from voters, political parties and other interested persons and bodies likely to be affected by the decision made by the Commission.
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—
(a)consult the Commission; and
(b)fix the date so as to allow the Commission adequate time to determine the limits of the wards and constituencies and prepare its final report in terms of section 100J of the Constitution before the calling of the next general election.
37C. Electoral centres and transmission of results to and between electoral centres
(1)The Commission shall designate a place—
(a)to be the National Command Centre from which it controls all elections conducted in terms of this Act;
(b)within each province, to be the provincial command centre for the purposes of—
(i)a presidential election conducted within the province; or
(ii)an election of party-list members of Parliament conducted within the province; or
(iii)an election of members of the provincial council established for the province;
(c)within each constituency, to be the presidential constituency centre for the purposes of a presidential election conducted within the province;
(d)within each constituency, to be the constituency centre for the purposes of an election of members of the National Assembly conducted in the constituency;
(e)within each ward, to be the ward centre for the purpose of an election of councillors to the local authority concerned.
(2)The Commission may designate the same place to be a constituency centre, a district centre, a ward centre and additionally, or alternatively, a presidential constituency centre.
(3)The Commission may designate its head office or any other place to be the National Command Centre.
(4)The Commission shall ensure that the results of the presidential, National Assembly and local authority elections are collated, compiled and transmitted in the following manner—
(a)with respect to local authority elections, polling-station returns gathered from every polling station within a ward shall be transmitted to the appropriate ward centre in a return distinctly indicating the results obtained in each polling station relating to those elections;
(b)with respect to—
(i)presidential elections, polling-station returns gathered from every polling station within a ward shall be transmitted to the appropriate ward centre for collation at that centre, the results of which collation shall be embodied in a return ("presidential election ward return") distinctly indicating the results obtained in each polling station relating to that election; and
(ii)National Assembly elections, polling-station returns gathered from every polling station within a ward shall be transmitted to the appropriate ward centre for collation at that centre, the results of which collation shall be embodied in a return ("National Assembly election ward return") distinctly indicating the results obtained in each polling station relating to those elections:Provided that duplicate copies of the polling-station returns gathered from every polling station within a ward for the purposes of subparagraph (i) and (ii) shall also be transmitted through the appropriate ward centre directly to the National Command Centre;
and
(c)after collation of the results of—
(i)presidential election at each ward centre, presidential election ward returns gathered from every ward centre within a constituency shall be transmitted to the appropriate presidential constituency centre for collation at that centre, the results of which collation shall be embodied in a return ("presidential constituency return") distinctly indicating the results obtained in each ward within that constituency relating to that election;
(ii)National Assembly elections at each ward centre, National Assembly election ward returns gathered from every ward centre within a constituency shall be transmitted to the appropriate National Assembly constituency centre for collation at that centre, the results of which collation shall be embodied in a return ("National Assembly constituency return") distinctly indicating the results obtained in each ward within that constituency relating to those elections;
and
(d)after collation of the results of the presidential election at each presidential constituency centre, presidential constituency returns gathered from every presidential constituency centre shall be transmitted to the provincial command centre for collation at that centre, the results of which collation shall be embodied in a return ("provincial return for the presidential election") distinctly indicating the results obtained in each constituency relating to those elections;Provided that duplicate copies of the presidential constituency returns gathered from every presidential constituency centre shall also be transmitted directly from the provincial command centre concerned to the National Command Centre;and
(e)after collation of the results of the National Assembly elections at each National Assembly constituency centre, National Assembly constituency returns gathered from every National Assembly constituency centre shall be transmitted to the provincial command centre, where—
(i)the result of the National Assembly election in the province in question will be embodied in a return ("provincial return for the National Assembly elections") distinctly indicating the results obtained in each constituency relating to those elections; and
(ii)the results of the election for the party-list candidates for the province in question will be determined in accordance with section 45I on the basis of the provincial return for the National Assembly elections, and be embodied in return ("provincial return for elections of party-list candidates") distinctly indicating the results obtained for the Senate, National Assembly and provincial council party-list seats;
and
(f)after the collation of the results of the presidential election at each provincial command centre, provincial returns for the presidential election gathered from every provincial command centre shall be transmitted to the National Command Centre, where—
(i)the provincial returns shall be collated to obtain the initial results of the presidential election; and
(ii)the final result of the presidential election shall, after reconciling the provincial returns with the polling station returns and presidential constituency returns referred to in the provisos to paragraphs (b) and (d) respectively, be reflected in a return that distinctly reflects number of votes cast for each presidential candidate at every polling station, ward centre, presidential constituency centre and provincial command centre;
and
(g)after the compilation of the provincial return for the National Assembly elections and the provincial return for elections of party-list candidates at each provincial command centre, the provincial returns for the National Assembly elections and elections of party-list candidates shall be gathered from every provincial command centre and transmitted to the National Command Centre.
Part IX – Proclamation of general elections and notification of by-elections
38. General, presidential and local authority elections
(1)In a proclamation in terms of section 144(2) of the Constitution fixing dates for the holding of an election to the office of President, a general election and elections for councillors, the President, after consultation with the Commission, shall—
(a)for the purposes of the election of a person to the office of President, fix—
(i)a place or places at which, and a day or days, at least fourteen and not more than twenty-one days after the day of publication of the proclamation, on which a nomination court shall sit for the purpose of receiving nominations of candidates for election to the office of President; and
(ii)a day or days, at least thirty and not more than sixty-three days after the nomination day or last nomination day, as the case may be, fixed in terms of subparagraph (i), on which a poll shall be taken if a poll becomes necessary in terms of section 109(2); and
(iii)a day or days, not less than twenty-eight and not more than forty-two days after the polling day or last polling day, as the case may be, fixed in terms of subparagraph (ii), on which a runoff Presidential election shall be taken if such an election becomes necessary in terms of section 110(3)(f)(iii);
(b)for the purposes of an election of members of the National Assembly, fix—
(i)a place or places at which, and a day or days, at least fourteen nor more than twenty-one days after the day of publication of the proclamation, on which a nomination court shall sit in terms of sections 45E and 46 to receive nominations of constituency and party-list candidates for election as members of the National Assembly; and
(ii)a day or days, at least thirty and not more than sixty-three days after the last nomination day fixed in terms of subparagraph (i), on which a poll shall be taken if a poll becomes necessary in terms of section 46(17)(c) for the election of members of the National Assembly;
(c)for the purposes of elections for councillors, fix—
(i)a place or places at which, and a day or days, at least fourteen and not more than twenty-one days after the day of publication of the proclamation, on which a nomination court shall sit in terms of section to receive nominations of candidates for election as councillor; and
(ii)a day or days, at least thirty and not more than sixty-three days after the last nomination day fixed in terms of subparagraph (i), on which a poll shall be taken if a poll becomes necessary.
(2)The polling day or polling days fixed in terms of subsection (1) shall be deemed to be a public holiday or public holidays, as the case may be, for the purposes of the Public Holidays and Prohibition of Business .
(3)For the purposes of the election of Chiefs as Senators in terms of the Constitution the President shall, in the proclamation referred to in subsection (1), fix the times and places at which and a day or days—
(a)between the date of publication of the proclamation and the day or the last day, of the poll for the Presidential election fixed in terms of subsection (1)(a)(ii), on which—
(i)each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act shall convene for the purpose of electing the Council of Chiefs in terms of section 37 of the Traditional Leaders Act ; and
(ii)the Council of Chiefs referred to in section 37 of the Traditional Leaders Act shall convene for the purpose of electing the President and the Deputy President of the Council of Chiefs;
and
(b)being not earlier than the day or last day, as the case may be of the poll for the Presidential election fixed in terms of subsection (1)(a)(ii) and not later than 48 hours after the day or last day, as the case may be, of the election so fixed, on which the electoral colleges shall meet in terms of Part X.
(4)Subject to Chapter 7 of the Constitution, the President may, by further proclamation in the Gazette, alter any day, time or place fixed in terms of subsection (1) or (3) and the day, time or place as so altered shall be deemed to have been fixed in terms of the appropriate subsection.
38A. Designation of national and provincial political party office-bearers for certain purposes and advance filing of certain documents in connection with elections
(1)On any of the days in the period starting from the fourth day after the publication of the election proclamation and ending two days before the sitting of the nomination court for the party-list candidates, any political party contesting the election may—
(a)provide, through the head office of the Commission, to the provincial elections officer of every province in which the political party is contesting the election, the names of at least three national office-bearers of the party, any two of whom will be authorised to make any countersignature required to be made for the purposes of Part XIA and section 46 in any province in which the political party is contesting the election (that is to say, any countersignature required in connection with the Senatorial party-list candidates, the National Assembly constituency and party-list candidates, and the provincial council party-list seats); and
(b)provide to the provincial elections officer at the appropriate provincial command centre, the names of at least three provincial office-bearers of the party in that province, any two of who will be authorised to make any countersignature required to be made for the purposes of section 46 for the nomination of candidates for election as councillors in any ward in that province; and
(c)if it intends to field party-list candidates in an electoral province, lodge, at the head office of the Commission, copies of nomination papers conforming to section 45E(2) with the provincial elections officer for advance scrutiny by that officer, which copies shall be countersigned by any two of the designated national office-bearers of the party referred to in paragraph (a); and
(d)through the head office of the Commission, lodge with the provincial elections officer for advance scrutiny copies of nomination papers for the National Assembly constituency candidates conforming to section 46(1) and (2) (each nomination paper being countersigned by any two of the designated national office-bearers of the party referred to in paragraph (a) and supported by the names of at least five proposed nominators); and
(e)lodge with the provincial elections officer at the appropriate provincial command centre, for advance scrutiny by that officer, copies of nomination papers for the nomination of candidates for election as councillors in any ward in that province (each nomination paper being countersigned by any two of the designated provincial office-bearers of the party referred to in paragraph (b) and supported by the names of at least five proposed nominators).
(2)The Chief Elections Officer shall, after receiving reports from the appropriate provincial elections officers on the results of their scrutiny of the copies of nomination papers lodged in accordance with subsection (1)(c) or (d), inform the designated office-bearers concerned that the papers are in order or request the designated office-bearers concerned to make such corrections or alterations to, or supply such clarifications in connection with, the nomination papers as are required in the interests of accuracy and ensuring conformity with Part XIA section 46, and this Act.
(3)The provincial elections officer at the appropriate provincial command centre shall, after scrutinising the copies of nomination papers lodged in accordance with subsection (1)(e), inform the designated office-bearers concerned that the papers are in order or request the designated provincial office-bearers concerned to make such corrections or alterations to, or supply such clarifications in connection with, the nomination papers as are required in the interests of accuracy and ensuring conformity with section 46, and this Act.
(4)A political party that complies with this section to the extent of providing, to the satisfaction of the provincial elections officer, the names of at least three office-bearers of the party in accordance with sub-section (1)(a), shall have the following privileges—
(a)the party concerned will be entitled to nominate substitute candidates for any candidates who have died or withdrawn before polling day in accordance with section 50A; and
(b)the party concerned will be entitled to appoint roving political party election agents in accordance with section 93A.
39. Vacancies and by-elections
(1)In the event of a vacancy occurring among the constituency members of the National Assembly, otherwise than through a dissolution of Parliament, the Speaker shall notify the President and the Commission of the vacancy, in writing, as soon as possible after he or she becomes aware of it.
(2)The President shall, within a period of fourteen days after—
(a)he or she has been notified in terms of this section of a vacancy among the constituency members of the National Assembly; or
(b)a declaration is made by the Chief Elections Officer in terms of section fifty; or
(c)a nomination day or the last nomination day, as the case may be, where no person has been duly nominated for election as a constituency member of the National Assembly;
publish a notice in the Gazette ordering a new election to fill the vacancy in the same manner, with any changes that may be necessary, as is provided in section thirty-eight in regard to a general election, and the provisions of this Act shall apply accordingly:Provided that—
(i)the President shall not be required to act in terms of this subsection in respect of any vacancy in the membership of Parliament which arises within a period of twenty-one days before the making of a proclamation in terms of section 144 of the Constitution fixing a day or days for the holding of a general election.
(ii)polling day or the last polling day, as the case may be, in the election to fill the vacancy shall not be more than ninety days after the vacancy occurred.
(3)In the event of a vacancy occurring among the party-list members of the Senate or of the National Assembly, otherwise than through a dissolution of Parliament, the President of the Senate or the Speaker, as the case may be, shall notify the Commission of the vacancy, in writing, as soon as possible after he or she becomes aware of it.
(4)Upon being notified of a vacancy in terms of subsection (3), the Commission shall without delay—
(a)notify the public of the vacancy by notice in the Gazette; and
(b)invite the political party in writing to submit the name of a qualified person to fill the vacancy, for which purpose the political party must lodge with the Commission a nomination paper in the prescribed form referred to in section 45E(2), countersigned by any two of the designated national office-bearers of the party referred to in section 38A(1)(a) (or by such other two office-bearers of the political party whom the Commission is satisfied are duly authorised to make the required countersignatures).
(5)The Chief Elections Officer shall, after scrutinising the nomination paper lodged in accordance with subsection (4)(b) (for which purpose he or she may refer the nomination paper to the appropriate provincial elections officer for additional scrutiny), inform the office-bearers concerned that the papers are in order or request them to make such corrections or alterations to, or supply such clarifications in connection with, the nomination paper as are required in the interests of accuracy and ensuring conformity with this Act.
(6)Upon the Chief Elections Officer being satisfied in terms of subsection (5) that the nomination paper is in order, the Commission shall without delay—
(a)notify the public of the nomination to fill the vacancy by notice in the Gazette, giving the name, address and such other particulars of the party-list candidate as it considers necessary in the interests of public information; and
(b)afford any person who is a voter to lodge any written objection (together with reasons for the objection) to the nomination within a specified time from the date of publication of the notice in the Gazette.
(7)As soon as possible after the last day for the lodging of objections in terms of subsection (6)(b) the Commission shall—
(a)if no objection to the party-list candidate has been received or, having considered every objection received, it finds that there are no valid grounds for objecting to the candidature, notify the public by notice in the Gazette that the person nominated to fill the vacancy has been appointed as a Senator or member of the National Assembly (as the case may be) with effect from the date of the notice, giving the name, address and such other particulars of the person as it considers necessary in the interests of public information; or
(b)having considered every objection received, and having found that there are valid grounds for objecting to the candidature, afford the political party concerned to make representations on the matter
(8)If, having considered any representations of the political party received in terms of subsection (7)(b), the Commission is still of the view that there are valid grounds for objecting to the candidature, the Commission shall proceed in accordance with subsection (4)(a), and subsections (5), (6) and (7) shall thereafter apply until a qualified person is identified to fill the vacancy concerned.
Part IXA – Voter education
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
(1)The Commission shall have the following functions with respect to voter education—
(a)to provide adequate, accurate and unbiased voter education; and
(b)to ensure that voter education provided by other persons is adequate and not misleading or biased in favour of any political party; and
(c)to ensure compliance otherwise by persons referred to in paragraph (b) with the provisions of section 40C(1).
(2)The Commission shall produce its own voter education materials for use in the provision of voter education.
(3)The Commission may permit any person to assist it in providing voter education.
40C. Voter education by persons other than the Commission or political parties
(1)No person, other than—
(b)a person permitted to assist the Commission in terms of section 40B(3); or
shall provide voter education unless—
(d)the person is—
(i)a citizen or permanent resident of Zimbabwe domiciled in Zimbabwe; or
(ii)an association, whether incorporated or unincorporated, consisting wholly or mainly of citizens or permanent residents of Zimbabwe domiciled in Zimbabwe; or
(iii)a lawfully constituted trust, the majority of whose trustees are citizens or permanent residents of Zimbabwe domiciled in Zimbabwe;
and
(e)where the person is an association or a trust, the person is—
(i)registered as a private voluntary organisation in terms of the Private Voluntary Organisations Act ; or
(ii)registered in the Deeds Registry as a trust;
and is mandated by its constitution or trust deed, as the case may be, to provide voter education;and
(f)the person employs individuals who are citizens or permanent residents of Zimbabwe to conduct any voter education; and
(g)the person conducts voter education in accordance with a course or programme of instruction furnished or approved by the Commission; and
(h)the voter education is, subject to section 40F (whereunder foreign contributions or donations may be channelled to the Commission for onward allocation), funded solely by local contributions or donations; and
(i)the voter education materials used by the person and the course or programme of instruction in accordance with which the voter education is conducted are adequate, current, correct and not misleading or biased in favour of any political party; and
(j)the voter education materials used by the person and the course or programme of instruction in accordance with which the voter education is conducted are furnished to the Commission for its scrutiny no later than twenty-eight days before they are intended to be used; and
(k)no fee or charge is levied for the provision of voter education or voter education materials.
(2)The Commission shall in writing require any person, other than a political party, providing or proposing to provide voter education, to—
(a)furnish the Commission with copies of all the voter education materials proposed to be used and particulars of the course or programme of instruction in accordance with which the voter education will be conducted; and
(b)furnish the Commission with all the names, addresses, citizenship or residence status and qualifications of the individuals who will conduct voter education; and
(c)disclose the manner and sources of funding of its proposed voter education activities; and
(d)satisfy the Commission that it is not otherwise disqualified in terms of subsection (1) from providing voter education.
(3)Any person who—
(a)contravenes subsection (1); or
(b)provides voter education after failing to comply with a requirement by the Commission in terms of subsection (2); or
(c)with intent to circumvent the restrictions on the provision of voter education specified in subsection (1), provides voter education under the guise of providing it as part of a course in law or civics or any other subject for students at an educational institution;
shall be guilty of an offence 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.
(4)Where a person is convicted in terms of subsection (3), the person shall not provide voter education in terms of this Act for a period of five years from the date of the conviction.
(5)Any person who contravenes subsection (4) 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.
40D. Provision of voter education by Commission
(1)Not later than one week after the publication of a proclamation or notice in terms of section 38 or 39 fixing the dates of an election, the Commission shall begin a programme of voter education directed at the electorate in the election.
(2)The Government shall give the Commission whatever assistance it may require in providing programmes referred to in subsection (1).
(3)Subsection (1) shall not be construed—
(a)as absolving the Commission from its obligation to provide general programmes of voter education at other times; and
(b)subject to section 40C (specifying what persons other than the Commission or political parties may provide voter education), as preventing anyone other than the Commission from providing programmes of voter education.
40E. Commission to monitor voter education by other persons
(1)The Commission shall monitor programmes of voter education provided by other persons in Zimbabwe.
(2)If the Commission considers that any programme of voter education is—
(a)false, in that the information provided by it is materially false or incorrect; or
(b)misleading, in that while the programme purports to be impartial it is materially and unfairly biased in favour of or against a political party or candidate contesting the election;
and that the programme is likely to prevent a substantial number of voters from making an informed political choice in an election, the Commission may by written notice direct every person responsible for providing and publishing the programme to cease providing or publishing it or to make such alterations to it as the Commission may specify to render it accurate and fair.
(3)Before giving a direction under subsection (2), the Commission shall afford every person responsible for providing and publishing the programme concerned an adequate opportunity to make representations in the matter.
(4)A person to whom a direction has been given under subsection (2) shall immediately take all necessary steps to comply with the direction.
(5)Any person who contravenes subsection (4) 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.
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 IXB – Election observers
40G. Functions of accredited observers
(1)Persons who are accredited by the Commission in terms of this Part as observers of an election shall be entitled to do all or any of the following—
(a)to observe the election process and, in particular, the conduct of polling at the election;
(b)to be present at the counting or collating of votes cast at the election and the verification of polling-station returns by presiding officers in terms of sections 63, 64 and 65;
(c)to bring any irregularity or apparent irregularity in the conduct of the poll or the counting or collating of votes to the attention of the Commission.
(d)to provide the Commission with a comprehensive review of the election taking into account all relevant circumstances, including—
(i)the degree of impartiality shown by the Commission; and
(ii)the degree of freedom of political parties to organise, move, assemble and express their views publicly; and
(iii)the opportunity for political parties to have their agents observe all aspects of the electoral process; and
(iv)the fairness of access afforded to political parties to the national media and other resources of the State; and
(v)the proper conduct of the polling and the counting of the votes at the election; and
(vi)any other issue concerning the essential freedom and fairness of the election.
(2)The Minister, the Commission, and all electoral officers shall take all necessary steps to ensure that accredited observers are able to exercise their functions under subsection (1).
40H. Observers Accreditation Committee
(1)The Commission shall establish a committee, to be called the Observers Accreditation Committee, consisting of—
(a)the Chairperson of the Commission, who shall be the chairperson of the Committee; and
(b)the Deputy Chairperson of the Commission; and
(c)three Commissioners designated by the Commission; and
(d)one person nominated by the Office of the President and Cabinet; and
(e)one person nominated by the Minister; and
(f)one person nominated by the Minister responsible for foreign affairs; and
(g)one person nominated by the Minister responsible for immigration.
(2)The functions of the Observers Accreditation Committee shall be, subject to this Part, to recommend to the Commission the accreditation of the following persons as observers—
(a)individuals representing foreign countries or international organisations and foreign eminent persons who have applied to be accepted as observers; and
(b)individuals representing local organisations and eminent persons from within Zimbabwe who have applied to be accepted as observers; and
(c)individuals representing bodies that exercise functions similar to those of the Commission and that have been invited by the Commission to observe an election; and
(d)individuals representing foreign countries or international organisations and foreign eminent persons who have been invited by the Minister responsible for foreign affairs to observe an election; and
(e)individuals representing local organisations and eminent persons from within Zimbabwe who have been invited by the Minister to observe an election.
40I. Accreditation of observers
(1)An application for accreditation as an observer must be made no later than the fourth day before the first day of polling fixed in a proclamation made under section 38(1)(a), (b) or (c) for the election of the President, constituency members of the National Assembly or councillors.
(1a)An application for accreditation as an observer shall—
(a)in the case of observers other than those referred to in paragraph (b), be made directly to the Chief Elections Officer; or
(b)in the case of observers referred to in section 40H(2)(b) (that is to say, individuals representing local organisations and eminent persons from within Zimbabwe), be made indirectly to the Chief Elections Officer through the appropriate provincial elections officer of the province in which the observers propose to discharge their functions;
and the application shall be made by any of the following—
(c)the individual or eminent person who wishes to be accredited; or
(d)the organisation that wishes its representatives to be accredited; or
(e)the Minister or the Minister responsible for foreign affairs, in respect of individuals whom the Minister concerned has invited to observe an election;
as the case may be.
(2)An application for accreditation made by an organisation or a Minister shall state the names of the individuals whom the organisation or Minister wishes to have accredited.
(3)The Chief Elections Officer shall without delay forward to the Observers Accreditation Committee all applications for accreditation that he or she has received, as well as the names of any persons referred to in section 40H(2)(c) whom the Commission wants to have accredited, and the Observers Accreditation Committee shall forthwith consider the applications.
(4)If the Minister responsible for foreign affairs has lodged an objection to the accreditation of a foreign individual or eminent person, the Observers Accreditation Committee shall pay due regard to the objection when deciding whether or not to recommend the individual’s or person’s accreditation.
(5)After considering all applications for accreditation forwarded to it, the Observers Accreditation Committee shall submit its recommendations thereon to the Commission, and the Commission shall consider the recommendations of the Committee within forty-eight hours after they have been submitted by the Committee:Provided that if the Commission rejects any of the Committee’s recommendations, it shall notify the Chief Elections Officer accordingly in writing.
(6)An individual who has been accredited shall not exercise any functions as an observer unless he or she has—
(a)reported to the Observers Accreditation Committee at a time and place notified by the Committee; and
(b)received a copy of, or been made aware of the contents of, the code of conduct set out in the First Schedule; and
(c)paid such accreditation fee as may be prescribed.
(7)Upon satisfaction of the requirements of subsection (6) the Observers Accreditation Committee shall issue the observer concerned with an accreditation certificate specifying that he or she is accredited as an observer for the period of the election concerned.
(8)Every observer shall exhibit his or her accreditation certificate to any electoral officer who demands to see it.
40J. Limitation on number of observers
Not more than the prescribed number of observers shall be permitted—
(a)to enter or remain at any polling station;
(b)to be present at the counting or collating of votes at a polling station or constituency centre.
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—
(a)the President and the Deputy President of the Council of Chiefs referred to in section 37 of the Traditional Leaders Act —
(i)each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act shall convene at the time and place and on the day or days fixed by the President in terms of section 38(3)(a)(i) to elect the Council of Chiefs referred to in section 37 of the Traditional Leaders Act ; and
(ii)the Council of Chiefs shall convene at the time and place and on the day or days fixed by the President in terms of section 38(3)(a)(ii) to elect the President and the Deputy President of the Council of Chiefs;
and
(b)two Chiefs to the Senate to represent each non-metropolitan province in terms of section 120(1)(b) of the Constitution, each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act shall constitute an electoral college which shall be convened at the time and place and on the day or days fixed by the President in terms of section 38(3)(b).
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.
42. Quorum of electoral colleges
One-half of the total membership of the electoral college shall constitute a quorum of that electoral college.
43. Nomination of Chiefs as candidates
(1)At every meeting of an electoral college the presiding officer shall call for nominations of candidates for election to fill any vacancies in the membership of the Senate that are to be filled by the electoral college concerned.
(2)Every candidate for election to the Senate as a Chief in terms of this Part shall be nominated by one Chief who is a member and present at the meeting of the electoral college concerned and seconded by another Chief who is a member and present at the meeting of the electoral college.
(3)No nomination in terms of subsection (2) shall be valid unless the candidate has signified his or her acceptance of it.
(5)If at a meeting of an electoral college—
(a)only one candidate has been duly nominated to represent the province concerned, the presiding officer shall forthwith declare such candidate to have been duly elected as a Senator with effect from the day of such declaration, and shall notify the Commission and cause to be published in the Gazette notice of the name of such candidate and the day with effect from which he or she was declared so elected;
(b)more than one candidate has been duly nominated to represent the province concerned, a poll shall take place in accordance with this Part.
44. Conduct of poll for election of Chiefs
(1)This section shall apply in relation to any poll that becomes necessary in terms of paragraph 43(5)(b).
(2)Subject to subsection (3), after the close of nominations the presiding officer shall adjourn the meeting of the electoral college for three hours.
(3)Unless requested by the electoral college to return earlier, the presiding officer shall, on the expiry of three hours, reconvene the meeting of the electoral college for the purpose of conducting the poll.
(4)The presiding officer shall make, before the nomination of candidates, a declaration of secrecy before a commissioner of oaths.
(5)During the period that the meeting has been adjourned the presiding officer shall, in the presence of the candidates, seal a ballot box for each candidate which is clearly labelled with the name of such candidate.
(6)When the meeting of the electoral college is reconvened in terms of subsection (3)—
(a)the presiding officer shall conduct a secret poll in relation to the vacancies to be filled by the electoral college;
(b)each member of the electoral college shall be entitled to one vote in relation to each Senator to be elected by the electoral college;
(c)no member of the electoral college shall cast more than one vote for one candidate;
(d)after the members of the electoral college have voted the presiding officer shall, in the presence of the members and the candidates, cause the votes to be counted;
(e)after the counting of the votes the presiding officer shall prepare a list with the candidate or candidates who received the greatest number of votes at the top of the list and the rest of the candidates in descending order according to the number of votes cast for each and, subject to paragraph (f), shall declare the candidates whose names appear first and second at the top of the list to have been duly elected as a Senators with effect from the day of such declaration;
(f)if two or more candidates have received the same number of votes and the addition of a vote would entitle any of those candidates to be declared elected, the presiding officer shall arrange for a fresh vote to be taken in respect of those candidates, with each member of the electoral college being allowed one vote, and the candidate who, at the second poll, receives the greatest number of votes shall be declared to have been duly elected as a Senator with effect from the day of such declaration:Provided that, if after the fresh vote has been taken one or more vacancies have still not been filled because two or more candidates have received the same number of votes, the presiding officer shall, in the presence of the members of the electoral college and the candidates, draw lots for the purpose of determining which candidate or candidates shall be deemed to be duly elected and, after the drawing of the lots, he or she shall declare the candidate or candidates concerned to have been duly elected as a Senator or Senators, as the case may be, with effect from the day of such declaration.
(7)Any declaration by the presiding officer under this section shall be final and subject to reversal only on petition in terms of Part XXIII to the Electoral Court that such declaration be set aside.
(8)After the holding of a poll in terms of this section the presiding officer shall notify the Commission and cause to be published in the Gazette notice of the names of the candidates declared to have been duly elected as Senators and the day with effect from which they were declared so elected.
Part XI – Election of Senators to represent persons with disabilities
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
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 ;"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
(1)This Part applies to the election of party-list candidates and to the procedure for filling of vacancies in party-list seats.
(2)The nomination of party-list candidates under this Part shall take place on the same day as the nomination of the constituency candidates under section 46, and at the same places as are fixed in terms of section 38(1)(b) for the sitting of nomination courts to receive nominations for constituency candidates in the provinces concerned.
(3)The ten provinces into which Zimbabwe is, before the fixed date, divided in terms of the Provincial Councils and Administration Act , namely—
(a)Bulawayo Province; and
(c)Manicaland Province; and
(d)Mashonaland Central Province; and
(e)Mashonaland East Province; and
(f)Mashonaland West Province; and
(g)Masvingo Province; and
(h)Matabeleland North Province; and
(i)Matabeleland South Province; and
shall each constitute an electoral province.
(4)Each electoral province shall be allocated six seats in the Senate and six seats reserved for women in the National Assembly, and each electoral province that is a non-metropolitan province shall be allocated ten seats in the provincial council for that electoral province.
(5)The formula prescribed in the Eighth Schedule for the election of party-list candidates is calculated on the basis of the total number of valid votes cast for all the constituency candidates in the electoral province concerned, excluding any valid votes cast for constituency candidates—
(a)not belonging to any political party; and
(b)belonging to any political party which has opted not to field any party-list candidates for the Senate, National Assembly or provincial council, as the case may be, in the electoral province in question.
45D. Disqualifications for nomination as party-list candidate
(1)Subject to subsection (2), a person shall not be qualified for nomination as a party-list candidate for an electoral province in terms of section 45C if he or she—
(a)is not registered on a voters roll in a ward belonging to a constituency in the electoral province; or
(b)is nominated, and has accepted to be nominated, as a party-list candidate by more than one political party; or
(c)in the case of a party-list candidate for election as a Senator, is also nominated as a party-list candidate for election to the National Assembly or the provincial council, or as a candidate for election as a constituency member of the National Assembly, or as a councillor; or
(d)in the case of a party-list candidate for election as a member of the National Assembly, is also nominated as a party-list candidate for election as a Senator or the provincial council, or as a candidate for election as a constituency member of the National Assembly, or as a councillor; or
(e)in the case of a party-list candidate for election as a member of the provincial council, is also nominated as a party-list candidate for election as a Senator or the National Assembly, or as a candidate for election as a constituency member of the National Assembly, or as a councillor.
(2)Where a person is nominated more than once contrary to subsection (1)(b), (c), (d) or (e), all the nominations of the person as a party-list candidate shall be void.
45E. Nomination of party-list candidates
(1)On the day and at the place fixed in terms of section 45C(2) for the sitting of a nomination court to receive nominations for party-list candidates, the nomination officer shall hold a public court, commencing at ten o’clock in the morning, at which an office-bearer of a political party shall—
(a)present himself or herself before the nomination officer in the electoral province for which such party has nominated one or more ordinary candidates; and
(b)submit a nomination paper containing three party lists of the names of party-list candidates nominated by such party for the electoral province concerned, that is to say, party-list candidates for the senatorial, National Assembly and provincial council seats allocated to that electoral province in terms of section 45C(4), each candidate being a person who, in the case of a party-list candidate for election to—
(i)the Senate, is eligible in terms of section 121(1)(a) of the Constitution for election to the Senate; or
(ii)the National Assembly, is eligible in terms of section 124(1)(b) of the Constitution for election to the National Assembly; or
(iii)the provincial council, is eligible in terms of section 268(2) of the Constitution for election to the provincial council.
(2)A nomination paper referred to in subsection (1)(b) shall be in the prescribed form and—
(a)must state the name of the political party and the address of its main office in Zimbabwe; and
(b)must state any abbreviation of the party’s name which the party may wish to appear on the ballot paper; and
(c)may specify a distinctive symbol which the party wishes to appear on the ballot paper in conjunction with its name; and
(d)shall—
(i)list the names, addresses and national identity numbers of—
(A)six party-list candidates nominated by the party for election as Senators for the electoral province; and
(B)six party-list candidates nominated by the party for election as women members of the National Assembly for the electoral province; and
(ii)in the case of an electoral province that is a non-metropolitan province, list the names, addresses and national identity numbers of ten party-list candidates nominated by the party for election as members of the provincial council for that province; and
(iii)contain a declaration that no party-list candidate has been nominated in any other party list lodged with the nomination officer or any other nomination officer;
and
(e)bear the signature of each of the party-list candidates in the appropriate space, each signature being countersigned by the office-bearer; and
(f)in respect of party-list candidates for election to—
(A)the Senate, conform to the requirements of section 120(2)(b) of the Constitution, that is, male and female party-list candidates must be listed alternately, the list being headed by a female candidate; and
(B)the National Assembly, consist of women only in conformity with section 124(1)(b) of the Constitution; and
(C)the provincial council, conform to the requirements of section 268(3) of the Constitution, that is, male and female party-list candidates must be listed alternately, the list being headed by a female candidate;
and
(g)be accompanied by three recent passport-sized photographs of each of the party-list candidates, each of which must be affixed opposite the name of the party-list candidate to which it relates in the space provided in the prescribed form, or be marked on the back of the photograph with the name or initials of the party-list candidate; and
(h)contain the contact particulars of each party-list candidate; and
(i)contain a sworn declaration signed by the office-bearer that he or she has checked all the particulars furnished in the nomination form in relation to every one of the party-list candidates and that, to the best of his or her knowledge and belief, the particulars are true:Provided that such a declaration does not relieve the nomination officer from ensuring that each nominee in a party-list nomination form is registered as a voter in the electoral province in question and is otherwise eligible to be nominated; and
(j)contain such other particulars as may be prescribed; and
(k)be accompanied by the prescribed nomination fee in respect of each party-list candidate, which fee shall form part of the funds of the Commission.
(3)No nomination paper of party-list candidates shall be received by the nomination officer in terms of subsection (1) after four o’clock in the afternoon of nomination day:Provided that, if at that time, an office-bearer is present in the court and ready to submit a nomination paper, the nomination officer shall give him or her an opportunity to do so.
(4)The nomination officer shall examine every nomination paper which has been lodged with him or her in terms of this section in order to ascertain whether it is in order.
(5)Subject to subsections (4) and (6), the nomination officer in open court shall—
(a)reject any nomination paper lodged with him or her in terms of this section—
(i)if he or she considers that any symbol or abbreviation specified in it—
(A)is indecent or obscene; or
(B)so closely resembles the recognised symbol or abbreviation of any other political party contesting the election as to be likely to cause confusion;
or
(ii)if any symbol specified therein is a prohibited symbol; or
(iii)the nomination fee has not been deposited; or
(iv)if the nomination paper states that the party-list candidate concerned is to stand for or be sponsored by a political party and the nomination officer has reason to believe that that statement is not true; or
(v)if, in his or her opinion, the nomination paper as a whole is for any other reason defective or not in order;
or
(b)delete from the nomination paper the name of any party-list candidate —
(i)who is not eligible for election to the party-list seat for which he or she is a candidate; or
(ii)whose furnished particulars are inadequate or inaccurate in any material way; or
(iii)whose name appears on more than one party list contrary to section 45D(1)(b), (c), (d) or (e), whether in that electoral province or elsewhere.
(6)The exercise by the nomination officer of his or her powers under subsection (5)(b) does not invalidate the nomination form:Provided that if less than—
(i)six valid nominations of party-list candidates for the Senate; and
(ii)six valid nominations of party-list candidates for the National Assembly; and
(iii)ten valid nominations of party-list candidates for a provincial council;
remain after any deletions of names in terms of subsection (5)(b), the political party concerned must nominate additional party-list candidates to match the minimum number of valid nominations in each of the categories of party-list candidates referred to in paragraphs (i), (ii) and (iii) of this proviso.
(7)If the exercise by the nomination officer of his or her powers under subsection (5)(b) results in any senatorial or provincial council party list not being headed by a female candidate, or causes two or more female names or two or more male names to be listed consecutively in such list, the nomination officer shall re-arrange the order of names in such list to bring it into conformity with the requirements of the Constitution, while, however, deviating as little as possible from the order of preference specified by the political party concerned in the nomination paper.
(8)Without derogating from section 189, the nomination officer shall not reject any nomination paper on account of any imperfection if he or she is satisfied that there has been substantial compliance with this section.
(9)Where the nomination officer finds a nomination paper lodged in terms of this section to be defective for any reason, he or she shall give the political party concerned an opportunity to rectify the defect and may adjourn the sitting of the court for that purpose to a later time during that day.
(10)The nomination officer shall in open court announce the names of the party-list candidates who has been duly nominated.
(11)The sitting of the nomination court in terms of this section shall end immediately after the announcement in terms of subsection (10) and after the close of the sitting no political party shall be entitled or permitted to lodge a nomination paper.
(12)The question whether any, and if so what, advice has been given by the nomination officer in relation to a nomination paper shall not be inquired into by any court.
(13)Any voter registered on any voters roll may—
(a)before the sitting of the nomination court, at the office of the nomination officer and during office hours, inspect any nomination paper lodged with the constituency elections officer in terms of this section;
(b)after the close of the sitting and during such period as may be prescribed, inspect any nomination paper at such time and subject to such conditions as may be prescribed.
(14)If a nomination paper has been rejected in terms of subsection (5), or if any name of a party-list candidate has been deleted from the nomination form by the nomination officer—
(a)the nomination officer shall forthwith notify the political party concerned, giving reasons for his or her decision; and
(b)the political party shall have the right of appeal from the decision to a judge of the Electoral Court in chambers, and the judge may confirm, vary or reverse the decision of the nomination officer and there shall be no appeal from the decision of that judge; and
(c)if no appeal in terms of paragraph (b) is lodged within four days after the political party received notice of the decision, the right of appeal shall lapse and the decision shall be final; and
(d)if an appeal in terms of paragraph (b) is lodged, the judge concerned may direct that any further proceedings under this section shall be suspended, if necessary, pending determination of the appeal.
(15)Any person who—
(a)on a nomination paper lodged in terms of this section, forges any signature purporting to be that of a candidate or a designated office-bearer of a political party; or
(b)lodges a nomination paper knowing that any signature on it purporting to be that of a candidate or a designated office-bearer of a political party is forged;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
45F. Publication and printing of party lists after nomination
(1)Upon completion of all formalities in connection with the nomination of the party-list candidates in an electoral province under section 45E, the nomination officer concerned shall make at least three copies of the party-lists (containing the photographs of the party-list candidates) authenticated by his or her signature, of which the nomination officer must—
(a)enclose two sets of copies in separate packets, sealed with his or her own seal and with the seals of those designated office-bearers who may wish to affix their seals, and forthwith transmit —
(i)one set of copies to the Chief Elections Officer; and
(ii)one set of copies to the provincial centre;
and
(b)affix one copy on the outside of the nomination court so that it is visible to the public.
(2)The provincial elections officer shall, immediately upon receiving copies of the party-lists under subsection (1)(a)(ii), make sufficient copies thereof for distribution to every ward centre within the province before the nomination of candidates for election as councillors.
(3)No later than seven days after receiving the last party list from every electoral province the Chief Elections Officer shall notify in the Gazette—
(a)in relation to each electoral province, the names of the political parties which have submitted party lists; and
(b)the names of the party-list candidates duly nominated by each party for each electoral province in the order in which such names appear on the appropriate party-list of candidates.
(4)The provincial centre, after receiving the party lists submitted in respect of the electoral province concerned, shall forthwith arrange for the party-lists to be printed—
(a)in such numbers as are sufficient for at least two copies to be distributed before the polling day in the election concerned (or the first polling day, as the case may be) to every constituency centre in the electoral province to which the party-lists relate; and
(b)in such a manner that—
(i)the names, abbreviations and distinctive symbols of all political parties contesting for party-list seats in the electoral province in question appear in alphabetical order in a single folio; and
(ii)the names of the party-list candidates appear, together with a photograph of each candidate, under the name of the political party by which they were nominated, clearly distinguishing between those party-list candidates nominated for the Senate, the National Assembly and the provincial council.
45G. Appeal against nomination of party-list candidate
(1)Any person who is registered on the voters roll of a constituency within a province may, within forty-eight hours after the close of a nomination court in terms of section 45E, appeal to a judge of the Electoral Court in chambers against the nomination of any party-list candidate who has been declared duly nominated for election in that province.
(2)In an appeal under subsection (1), the judge must confirm, vary or reverse the decision of the nomination officer within forty-eight hours of receiving the appeal, and there shall be no appeal from the judge’s decision.
(3)If in an appeal under subsection (1) the judge declares a candidate not to be qualified for nomination as a party-list candidate in the election concerned, the candidate’s name shall be deleted from the list of candidates of the party concerned.
45H. Filling of vacancies for party-list candidatures before election results determined
(1)If at any time before the date when results of an election for the party-list candidates are determined under section 45I any party-list candidate dies, is declared ineligible by the Electoral Court under section 45G(3), or withdraws or otherwise becomes unavailable for election, the Commission shall, on the date when the results of the election are determined, select (as the case may be)—
(a)the candidate whose name appears on the party list immediately after the name of the person whose candidature for a seat in the National Assembly has been vacated; or
(b)the next eligible name after the name of the person whose candidature for a seat in the Senate or provincial council has been vacated.
(2)If, at any the time before the date referenced in subsection (1), two or more party-list candidates die, are declared ineligible by the Electoral Court under section 45G(3), or withdraw or otherwise become unavailable for election to a particular seat the Commission shall, on the date when the results of the election are determined, proceed down the appropriate party list until an eligible party-list candidate is found to fill the seat concerned.
(3)If, having proceeded down the list as described in subsection (2), the Commission finds that the list no longer contains any eligible party-list candidates, the Commission shall by notice in the Gazette published on any day before the day when the Senate, National Assembly or provincial council, as the case may be, first meets after the election—
(a)notify the public of the vacancy in the Senate, National Assembly or provincial council, as the case may be, by notice in the Gazette; and
(b)invite the political party concerned in writing to submit the name of a qualified person to fill the vacancy, for which purpose the political party must lodge with the Commission a nomination paper in the prescribed form referred to in section 45E(2), countersigned by any two of the designated national office-bearers of the party referred to in section 38A(1)(a).
(4)The Chief Elections Officer shall, after scrutinising the nomination paper lodged in accordance with subsection (3)(b) (for which purpose he or she may refer the nomination paper to the appropriate provincial elections officer for additional scrutiny), inform the office-bearers concerned that the papers are in order or request them to make such corrections or alterations to, or supply such clarifications in connection with, the nomination paper as are required in the interests of accuracy and ensuring conformity with this Act.
(5)Upon the Chief Elections Officer being satisfied in terms of subsection (4) that the nomination paper is in order, the Commission shall without delay—
(a)notify the public of the nomination to fill the vacancy by notice in the Gazette, giving the name, address and such other particulars of the party-list candidate as it considers necessary in the interests of public information; and
(b)afford any person who is a voter to lodge any written objection (together with reasons for the objection) to the nomination within a specified time from the date of publication of the notice in the Gazette.
(6)As soon as possible after the last day for the lodging of objections in terms of subsection (5)(b) the Commission shall—
(a)if no objection to the party-list candidate has been received or, having considered every objection received, it finds that there are no valid grounds for objecting to the candidature, notify the public by notice in the Gazette that the person nominated to fill the vacancy has been appointed as a Senator or member of the National Assembly (as the case may be) with effect from the date of the notice, giving the name, address and such other particulars of the person as it considers necessary in the interests of public information; or
(b)having considered every objection received, and having found that there are valid grounds for objecting to the candidature, afford the political party concerned an opportunity to make representations on the matter
(7)If, having considered any representations of the political party received in terms of subsection (6)(b), the Commission is still of the view that there are valid grounds for objecting to the candidature, the Commission shall proceed in accordance with subsection (3)(a), and subsections (4), (5) and (6) shall thereafter apply until a qualified person is identified to fill the vacancy concerned.
45I. Determination of result of election for party-list candidates
(1)Upon receipt of returns from all the constituencies in a province in terms of section 65(5a), the provincial elections officer shall determine, in accordance with the Eighth Schedule, which of the duly nominated party-list candidates for the province should be declared elected, and shall forthwith declare those candidates to be duly elected as Senators, members of the National Assembly or members of the provincial council, as the case may be.
(2)Immediately after making a determination in terms of subsection (1), the provincial elections officer shall—
(a)provide each representative of the political parties contesting the election with a copy of the determination, showing—
(i)the names of the candidates determined to be elected; and
(ii)the calculations by which the determination was reached; and cause another such copy to be sent to the Commission without delay by telegram, telefacsimile, electronic mail or such other means that may be prescribed; and
(b)affix, on the outside of the provincial centre so that it is visible to the public, a list of the names of the candidates determined to be elected.
(3)A declaration by a provincial elections officer under this section shall be final, subject to reversal on petition to the Electoral Court that the declaration be set aside or to the proceedings relating to the election concerned being declared void under section 50(1):Provided that if, as a result of a recount of votes or the setting aside of a constituency election in terms of this Act, the number of votes cast for any political party in the province is altered, the Commission shall cause the determination under subsection (1) to be made afresh and shall, where appropriate, alter the declaration accordingly.
Part XII – Nomination of candidates for election as members of Parliament
46. Nomination of candidates
(1)A candidate for election as a constituency member of the National Assembly shall be nominated by means of a separate nomination paper in the prescribed form which—
(a)shall be signed by not fewer than five persons who are registered on the voters roll for the constituency for which the candidate seeks election and shall be countersigned with the acceptance of the candidate or his or her chief election agent:Provided that if, at the time a nomination paper is lodged in terms of subsection (5), the name of any person nominating the candidate does not appear on the voters roll, the nomination officer shall reject the nominator unless the candidate produces a voters registration certificate in respect of that nominator or a copy thereof certified by a commissioner of oaths; and
(b)may specify a distinctive symbol which the candidate wishes to appear on the ballot paper in conjunction with his or her name; and
(c)may, if the candidate is to stand for or be sponsored by any political party, specify that fact, together with the name of the political party and an abbreviation of such name which the candidate wishes to appear on the ballot paper; and
(d)shall be accompanied by a passport-sized photograph of the candidate; and
(e)shall be accompanied by two copies of the electoral code of conduct for political parties and candidates prescribed in the Fourth Schedule, with the candidate’s name printed or legibly written at the bottom of each page thereof, and signed next to his or her name by the candidate or his or her chief election agent (which copies may be obtained on nomination day from the nomination officer, and one copy of which will be returned to the candidate or his or her chief election agent on due completion of the nomination); and
(f)shall contain such particulars as may be prescribed.
(2)Where a nomination paper specifies the matters referred to in subsection (1)(c), the nomination paper shall be countersigned by any two designated office-bearers of the political party concerned.
(3)Nomination papers in respect of candidates for election as constituency members of the National Assembly may be lodged with the constituency elections officers for the constituencies concerned at any time after the publication of the proclamation referred to in subsection (1) of section thirty-eight but before the time on nomination day or the last nomination day, as the case may be, specified in subsection (5).
(4)At the same time as a nomination paper is lodged in terms of subsection (3), the candidate or his or her agent shall provide the constituency elections officers with an address, including where possible a telephone number, where the candidate may be contacted during the election period.
(5)On the day and at the place fixed in terms of paragraph (a) of subsection (2) of section thirty-eight, the nomination officer shall hold a public court, commencing at ten o’clock in the morning, for receiving the nomination of candidates for election as constituency member of the National Assembly for the constituency for which he or she is the nomination officer.
(6)The nomination officer shall in open court—
(a)announce whether any candidate has lodged his or her nomination paper before the sitting of the court and, if so, the name of every such candidate; and
(b)receive any further nominations for election as constituency member of the National Assembly for the constituency for which he or she is the nomination officer.
(7)No nomination paper shall be received by the nomination officer in terms of subsection (6) after four o’clock in the afternoon of nomination day or, where there is more than one nomination day for the election concerned, the last such nomination day:Provided that, if at that time a candidate or his or her chief election agent is present in the court and ready to submit a nomination paper in respect of the candidate, the nomination officer shall give him or her an opportunity to do so.
(8)The nomination officer shall examine every nomination paper lodged with him or her which has not been previously examined by him or her in order to ascertain whether it is in order and shall give any candidate or his or her chief election agent an opportunity to rectify any defect not previously rectified and may adjourn the sitting of the court for that purpose from time to time:Provided that the sitting shall not be adjourned to any other day that is not a nomination day.
(9)If, on examining a nomination paper which specifies that the candidate concerned is to stand for or be sponsored by a political party, the nomination officer is doubtful that such fact is true, the nomination officer may require the candidate or his or her chief election agent to produce proof as to such fact, and may adjourn the sitting of the court for that purpose from time to time:Provided that the court shall not be adjourned to any other day that is not a nomination day.
(10)Subject to subsections (8) and (9), the nomination officer in open court shall reject any nomination paper lodged with him or her at any time—
(a)if he or she considers that any symbol or abbreviation specified therein in terms of paragraph (b) or (c) of subsection (1)—
(i)is indecent or obscene; or
(ii)is too complex or elaborate to be reproduced on a ballot paper; or
(iii)so closely resembles—
(A)the symbol of any other candidate contesting the election in the constituency concerned; or
(B)the recognised symbol or abbreviation of any political party, other than the political party, if any, for which the candidate concerned is standing or which is sponsoring him or her;
as to be likely to cause confusion;
or
(b)if any symbol specified therein in terms of paragraph (b) of subsection (1) is a prohibited symbol; or
(c)if the nomination paper states that the candidate concerned is to stand for or be sponsored by a political party and the nomination officer has reason to believe that that fact is not true; or
(d)if the nomination paper is not accompanied by two copies of the electoral code of conduct referred to in and endorsed in the manner required by subsection (1)(e); or
(e)if in his or her opinion the nomination paper is for any other reason not in order;
and subsection (19) shall apply.
(11)Without derogation from section one hundred and eighty-nine, the nomination officer shall not reject any nomination paper—
(a)solely on account of any minor variation between the name of any person as it appears on the nomination paper and as it appears on the voters roll, if the nomination officer is reasonably satisfied that the variation is due to an error; or
(b)on account of any other imperfection in the nomination paper if the nomination officer is satisfied that there has been substantial compliance with this section.
(12)The nomination officer shall in open court announce the name of every candidate who has been duly nominated.
(13)The sitting of the nomination court in terms of this section shall end immediately after the announcement in terms of subsection (12) and after the close of the sitting no candidate shall be entitled or permitted to lodge a nomination paper.
(14)The question whether any, and if so what, advice has been given by the nomination officer in relation to a nomination paper shall not be inquired into by any court.
(15)A candidate shall not be regarded as duly nominated for election as a constituency member if—
(a)his or her nomination was not lodged in terms of this section with the constituency elections officer for the constituency in which the candidate seeks election; or
(b)his or her nomination paper has not been signed and countersigned in accordance with subsection (1) or is otherwise not properly completed; or
(c)the sum referred to in subsection (1) of section forty-seven was not lodged with his or her nomination paper; or
(d)he or she is not qualified for election at that election; or
(e)he or she has been duly nominated for election as a constituency member for another constituency for which the poll has not taken place.
(16)If, at the close of the sitting of the appropriate nomination court the same person has been nominated for—
(a)more than one senatorial or National Assembly constituency or
(b)a senatorial and National Assembly constituency;
his or her nomination for all the constituencies for which he or she has been nominated shall be void.
(17)If, at the close of the sitting of the nomination court—
(a)no person has been duly nominated for election for the constituency, the nomination officer shall report the fact to the Chief Elections Officer and to the Clerk of Parliament;
(b)only one person has been duly nominated for election for the constituency, the nomination officer shall forthwith declare such candidate to have been duly elected as a member of Parliament with effect from the polling day or last polling day, as the case may be, fixed in terms of paragraph (b) of subsection (2) of section thirty-eight, and shall notify the Chief Elections Officer, whereupon the Chief Elections Officer shall cause to be published in the Gazette notice of the name of the candidate declared so elected and the day with effect from which he or she was declared so elected:Provided that if, by virtue of an appeal in terms of subsection (19), an additional candidate is to be regarded as duly nominated, the nomination officer shall revoke his or her declaration in terms of this paragraph and shall notify the Chief Elections Officer, whereupon the Chief Elections Officer shall cause to be published in the Gazette notice thereof and paragraph (c) shall apply;
(c)more than one person has been duly nominated for election for a constituency, a poll shall take place in accordance with this Part and Part XIII.
(18)Any voter registered on any voters roll may—
(a)before the sitting of the nomination court, at the office of the nomination officer and during office hours, inspect any nomination paper lodged with the nomination officer;
(b)after the close of the sitting and during such period as may be prescribed, inspect any nomination paper at such time and subject to such conditions as may be prescribed.
(19)If a nomination paper has been rejected in terms of subsection (10) or been regarded as void by virtue of subsection (16)—
(a)the nomination officer shall forthwith notify the candidate or his or her chief election agent, giving reasons for his or her decision; and
(b)the candidate shall have the right of appeal from such decision to a judge of the Electoral Court in chambers and such judge may confirm, vary or reverse the decision of the nomination officer and there shall be no appeal from the decision of that judge; and
(c)if no appeal in terms of paragraph (b) is lodged within four days after the receipt of notice of the decision of the nomination officer, the right of appeal of the candidate shall lapse and the decision of the nomination officer shall be final; and
(d)if an appeal in terms of paragraph (b) is lodged, the judge concerned may—
(i)direct that any further proceedings under this section in relation to that election shall be suspended, if necessary, pending determination of the appeal; and
(ii)specify a day or days on which any poll in terms of this Part and Part XIII shall be held;
and if he or she does so, the Chief Elections Officer shall cause notice thereof to be published in the Gazette.
(20)Any person who—
(a)as a candidate or otherwise, forges any signature purporting to be that of a nominator; or
(b)as a candidate or otherwise, lodges a nomination paper knowing that any signature therein purporting to be that of a nominator is forged; or
(c)being a candidate, permits the lodging of a nomination paper on his or her behalf knowing that any signature therein purporting to be that of a nominator is forged;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment and, in the case of a candidate, shall be disqualified from being nominated as a candidate for, or from election as, a member of Parliament for a period of five years from the date of conviction.
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.
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—
(a)publish in the Gazette a notice of—
(i)the names of the candidates in alphabetical order of surnames; and
(ii)the polling day or days;
and
(b)notify by such means as he or she thinks fit the situation of and hours specified in terms of section fifty-three for the opening and closing of each polling station for the constituency.
49. Withdrawal of candidate
(1)Subject to this section, a duly nominated candidate for election for a constituency may withdraw his or her nomination at any time before polling or the first polling day, as the case may be, in the election concerned.
(2)A withdrawal of a candidate in terms of subsection (1) shall be effected by means of a written notification to the constituency elections officer, signed by the candidate personally.
(4)If, as a result of the withdrawal of a candidate in terms of this section, only one candidate remains duly nominated for election for the constituency concerned, the nomination officer shall forthwith declare such candidate to have been duly elected as a member of Parliament with effect from the polling day or last polling day, as the case may be, fixed in terms of paragraph (b) of subsection (2) of section thirty-eight and shall notify the Chief Elections Officer accordingly, whereupon the Chief Elections Officer shall cause to be published in the Gazette notice of the name of the candidate declared so elected and the day with effect from which he or she was declared so elected:Provided that, if by virtue of an appeal in terms of subsection (19) of section forty-six, an additional candidate is to be regarded as duly nominated, the nomination officer shall revoke his or her declaration in terms of this paragraph and shall notify the Chief Elections Officer accordingly, whereupon the Chief Elections Officer shall cause to be published in the Gazette notice thereof, and a poll shall take place in accordance with this Part and Part XIII.
(5)If, after the withdrawal of a candidate in terms of subsection (1), two or more candidates remain duly nominated for election for the constituency concerned, the nomination officer shall take all such steps as are reasonably practicable to ensure that—
(a)the withdrawal is brought to the attention of voters in the constituency; and
(b)the name of the candidate who has withdrawn is either omitted or deleted from all ballot papers.
(6)This section must be read subject to section 50A, which provides for the pre-polling day substitution in certain circumstances of candidates who have withdrawn or died.
50. Death of candidate
(1)If—
(a)the Chief Elections Officer is satisfied that a duly nominated candidate for election for a constituency died before the poll commenced or, if the poll has commenced, before the close thereof; or
(b)the proceedings relating to an election for a constituency have been stopped in terms of subsection (2);
the Chief Elections Officer shall, so far as concerns that constituency, declare that all proceedings relating to that election are void and all proceedings relating to that election shall be commenced afresh in the same manner as if a vacancy had occurred:Provided that no fresh nomination shall be necessary in the case of a candidate who was duly nominated at the time when the proceedings were declared void, if such candidate or his or her chief election agent notifies the constituency elections officer in writing of his or her intention to remain a candidate.
(2)If a nomination officer is satisfied that a duly nominated candidate for election in that constituency died before the close of the poll in that constituency, he or she shall stop all proceedings relating to that election and forthwith notify the Chief Elections Officer.
(3)This section must be read subject to section 50A, which provides for the pre-polling day substitution in certain circumstances of candidates who have withdrawn or died."
50A. Pre-polling day substitution in certain circumstances of candidates who have withdrawn or died
(1)In this section—"forthwith" must be construed in accordance with subsection (5);"qualifying political party" means a political party that, in terms of section 38A(1)(a), provided through the National Command Centre the names of the office-bearers of the party there referred to.
(2)If, no later than seven days after after the nomination day or last nomination day, as the case may be, fixed in terms of section 38(1)(b)(i), a duly nominated candidate sponsored by a qualifying political party for election for a constituency withdraws his or her nomination or dies, then, no later than forty-eight hours after the party concerned becomes aware that its candidate has withdrawn or died, and in any event, not later than nine days after after the nomination day or last nomination day, as the case may be, fixed in terms of section 38(1)(b)(i)(a), any two of the party’s designated office-bearers may provide to the appropriate provincial elections officer through the National Command Centre, a nomination paper conforming to section 46(1) and (2) for another candidate ("substitute candidate") in substitution for the candidate who has withdrawn or died.
(3)The Chief Elections Officer shall forthwith transmit any nomination paper lodged in terms of subsection (2) to the appropriate provincial elections officer for scrutiny, and the provincial elections shall, after scrutiny of the nomination paper, forthwith report to the Chief Elections Officer whether, in his or her opinion, the substitute candidate would qualify for nomination if he or she had been nominated in accordance with section 46.
(4)Where—
(a)the provincial elections officer has reported that—
(i)the substitute candidate qualifies for nomination, the Chief Elections Officer shall forthwith declare the substitute candidate to be duly nominated and make arrangements for the printing of the ballot papers requiring to be modified or, if the ballot papers concerned have already been printed, for them to be withdrawn and reprinted with the particulars of the substitute candidate; or
(ii)he or she cannot ascertain whether the substitute candidate qualifies for nomination for want of specified information, the Chief Elections Officer shall forthwith inform the designated office bearers of the qualifying political party who lodged the nomination paper for the substitute candidate of the need to submit the specified information forthwith to the Chief Elections Officer, who shall thereupon determine whether the substitute candidate qualifies for nomination and, if the candidate so qualifies, forthwith proceed in accordance with subparagraph (i); or
(iii)the substitute candidate does not qualify for nomination for any specified reason, the Chief Elections Officer shall forthwith inform the designated office bearers of the qualifying political party who lodged the nomination paper for the substitute candidate of the disqualification of the substitute candidate concerned and of the reasons for the disqualification;
or
(b)the designated office bearers of the qualifying