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CHAPTER 2:13
ELECTORAL ACT
Act 25/2004, 17/2007 , 1/2008 , 3/2012. SI 13B/2008, 43/2008, 96/2008.
ARRANGEMENT OF SECTI ONS
PART I
PRELIMINARY
Section
1. Short title and date of commencement .
2. Application .
3. General principles of democratic elections .
4. Interpretation .
PART II
ZIMBABWE ELECTORAL COMMISSION
4A . Corporate status and ancillary powers of Commission .
4B . Immunity of Commission, Commissioners, etc.
5. Additional functions and powers of Commission .
6. Commissioners: quali fications for and terms and conditions of office .
7. Procedure of Commission .
8. Decentralisation of Commission .
9. Chief Elections Officer and other employees of Commission .
10. Staff of Commission during elections .
10A . Provisions guaranteeing independence of Commission .
11. Provisions to ensure independence, impartiality and professionalism of Commissioners and staff and
agents of Commission .
12. Funds and finances of Commission .
13. Reports of Commission on elections, referendums an d other matters .
14. Legal proceedings against Commission .
15. [Repealed ].
16. [Repealed ].
PART III
17. [Repealed ].
PART IV
REGISTRAR -GENERAL OF VOTERS AND CONSTITUENCY REGISTRARS
17A . Voter registration to be conducted continuously .
18. Registrar -General of Voters .
19. Constituency registrars and other officers .
20. Voters rolls to be kept by Commission .
21. Inspection of voters rolls and provision of copies .
22. Powers to demand information .
22A . Polling station voters rolls .
PART V
RESIDENCE QUALIFICATIONS OF VOTERS AND REGISTRATION OF VOTERS
23. Residence qualifications of voters .
24. Claims for registration .
25. Claims for transfer of registration .
26. Voters registration certificates .
26A . Closure of voters rolls 24 hours before nomination day .
PART VI
OBJECTIONS TO REGISTRATION OF VOTERS
27. Objections by constituency registrar .

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28. Objections by voters .
29. Hearing and determination of objections by designated magistrate .
30. Statement of case for opinion of judge in chambers .
31. Posting of names of persons objected to .
PART VII
MISCELLANEOUS PROVISIONS RELATING TO REGISTRATION OF VOTERS
32. Removal of duplications .
33. Removal from voters roll on disqualification, death or absence .
34. Registration of voter no longer disqualified .
35. Additional powers to alter voters rolls .
36. How alterations to be made .
36A . New registration of voters .
36B . Proof required for removal from voters roll on death or absence .
PART VIII
OFFENCES INRELATION TO REGISTRATION OF VOTERS
37. Offences in relation to registration of voters .
PART VIIIA
DELIMITATION OF CONSTITUENCIES AND ELECTORAL BOUNDARIES
37A . Delimitation of constituencies and electoral divisions to be conducted openly and with consulta tion .
37B . Commencement of delimitation of wards and constituencies .
37C . Electoral centres .
PART IX
PROCLAMATION OF GENERAL ELECTIONS AND NOTIFICATION OF BY-ELECTIONS
38. General, presidential and local authority elections .
39. Vacancies and by -elec tions .
PART IXA
VOTER EDUCATION
40A . Interpretation in Part IXA .
40B . Functions of Commission with respect to voter education .
40C . Voter education by persons other than the Commission or political parties .
40D . Provision of voter education by Commission .
40E . Commission to monitor voter education by other persons .
40F . Foreign contributions or donations for the purposes of voter education .
PART IXB
ELECTION OBSERVERS
40G . Functions of accredited observers .
40H . Observers Accreditation Committee .
40I . Accreditation of observers .
40J . Limitation on number of observers .
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 .
41. Presiding officers .
42. Quorum of electoral colleges .
43. Nomination of Chiefs as candidates .
44. Conduct of poll for election of Chiefs .

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PART XI
APPOINTED MEMBERS OF PARLIAMENT
45. Notification of appointment of members of Parliament .
PART XII
NOMINATION OF CANDIDATES FOR ELECTION ASMEMBERS OF PARLIAMENT
46. Nomination of candidates .
47. Nomination fee .
48. Procedure when poll to be held .
49. Withdrawal of candidate .
50. Death of candidate .
PART XIII
PREPARATION FOR AND VOTING ATPOLL
51. Polling stations .
52. Provision of requisites and officers for purpose of poll .
52A . Publication of details re ballot papers .
53. Hours polling stations to be open .
54. The ballot box .
54A . Recording of ballot papers before polling .
55. Conduct of poll .
56. Entitlement to vote, number of votes and identification of voters .
57. Manner of voting .
58. Spoilt ballot papers .
59. Voting by illiterate or physically handicapped voters .
60. [Repealed. ] 61. Procedure at close of poll .
62. Procedure after sealing of ballot boxes .
63. Counting and rejection of votes .
64. Procedure after counting at polling station .
65. Procedure on receipt of polling -station returns .
65A . Provision of copies of polling -station returns and constitu ency returns .
66. Determination and declaration of result of poll .
66A . Purported publication of results prior to official announcement .
67. Notification of result of election .
67A . Recounting of votes .
68. Chief Elections Officer to cause names o f candidates elected to be published .
69. [Repealed ].
70. Custody and disposal of ballot and other papers .
PART XIV
POSTAL VOTING
71. Interpretation in Part XIV .
72. Persons who may vote by post .
73. Application for postal vote .
74. Issue of postal ballot papers .
75. Voting by post .
76. Distribution of postal ballots by Chief Elections Officer and ward elections officers .
77. Postal ballot boxes .
78. Opening of postal ballot boxes .
79 . Safe -keeping of documents .
80. Offences in rel ation to postal votes .
PART XIVA
SPECIAL VOTING
81 . Persons entitled to special vote .
81A . Fixing of date, place and time of special voting .

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81B . Where special voters must vote; special voters not entitled to vote in any other way .
81C . Application for special vote .
81D . Issue or refusal of authorisation to cast special vote .
81E . Procedure for special voting .
81F . Opening of special ballot boxes .
81G . Safe -keeping of documents related to special voting .
81H . Offences in relation to special votes .
PART XV
GENERAL PROVISIONS RELATING TO POLLS
82. Constituency elections officers and other persons to make declaration of secrecy .
83. Conduct of chief election agents, election agents and observers at elections .
84. Absence of election agents, etc. at opening and closing of ballot boxes, etc .
85. Offences in relation to ballot papers and ballot boxes .
86. Maintenance of secrecy and non -interference with voters and ballot papers .
87. Persons wilfully failing in their duties guilty o f offence .
88. Obstruction of election officials .
89. Disorderly conduct in polling station .
89A . Refusal of precautions against double voting .
90. Refusal to leave polling station .
91. Destruction or damaging of voters roll or data relating ther eto .
92. Employer to allow employees to vote .
PART XVI
ELECTION EXPENSES AND ELECTION AGENTS
93. What expenses permissible .
94. Chief election agents .
95. Election agents .
96. Appointments made and expenses incurred by candidates or agents .
97. Payments of expenses and disclosure of expenditure .
98. Receipts for election expenses .
99. Claims for election expenses .
100 . Limit of personal expenses that candidates may incur .
101 . Claims by chief election agents .
PART XVII
PROVISIONS RELATIN GTO ELECTIONS TO OFFICE OF PRESIDENT
102 . [Repealed ].
103 . [Repealed ].
104 . Nomination of candidates for election to office of President .
105 . Nomination fee .
106 . Publication of names of Presidential candidates .
107 . Withdrawal of candidature .
108 . When fresh nominations to be held .
109 . Procedure when poll to be taken .
110 . Determination and declaration of result of election to office of President .
111 . Election petitions in respect of election to office of President .
112 . [Repealed. ] 112A .Election of President in the event of casual vacancy .
PART XVIII
PROVISIONS RELATING TO LOCAL AUTHORITY ELECTIONS
Preliminary
113 . Application of Part XVIII .
114 . Interpretation in Part XVIII .

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Qualifications of voters and preparation of voters r olls
115 . Qualifications of voters in local authority elections .
116 . First ward voters rolls .
117 . Preparation of subsequent ward voters rolls .
118 . Inspection of ward voters rolls .
Qualifications for election
119 . Qualifications and disqualification s for election as councillor .
120 . [Repealed ].
When elections to be held
121 . Casual or special vacancies in councils to be notified to responsible Minister and Commission .
121A .Notice of election and nomination day to fill casual or special vacancies in councils .
122 . [Repealed ].
123 . [Repealed ].
Conduct of elections
124 . [Repealed ].
125 . Nomination of candidates .
126 . Withdrawal of candidate .
127 . Death of candidate .
128 . Entitlement to vote, number of votes a voter may cast, and counting thereof .
129 . Drawing of lots to determine result of election .
130 . Declaration and publication of result of election .
131 . [Repealed ].
General
132 . Alteration of dates and qualifying periods .
133 . Application of provisions of this Act to local author ity elections .
PART XVIIIA
INTIMIDATORY PRACTICES
133A .Meaning of “intimidation” .
133B .Intimidation .
133C .Preventing political party or candidate from campaigning .
133D .Theft or destruction of voter identification .
133E .Additional punishment for intimidation .
PART XVIIIB
MEASURES AGAINST POLITICALLY -MOTIVATED VIOLENCE AND INTIMIDATION
133F .Interpretation in Part XVIIIB .
133G .Responsibilities of political parties and candidates .
133H .Appointment and functions of special police liaison office r and Special Investigation Committee .
133I . Powers of Committee after investigation of alleged violence or intimidation .
133J . Investigations, prosecutions and trials of cases of politically -motivated violence and intimidation .
133K .Special penalty fo r politically -motivated violence or intimidation .
PART XIX
CORRUPT PRACTICES
134 . Undue influence .
135 . [Repealed ].
136 . Bribery .
137 . Personation .
138 . Additional penalties for corrupt practices .
PART XX
ILLEGAL PRACTICES AND OTHER OFFENCES
139 . Certain expenditure an illegal practice .
140 . Unauthorised election expenses .
141 . Penalty for providing money for payments contrary to this Act .
142 . Certain employment prohibited .

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143 . Corrupt procurement of candidate .
144 . Betting prohibited .
145 . [Repealed ].
146 . Prohibited symbols .
147 . Prohibition of certain activities in vicinity of polling stations .
148 . Procuring prohibited persons to vote; false statements re withdrawal of candidates .
149 . Obstruction of voters .
150 . Additio nal penalties for illegal practices .
151 . Preventing holding of lawful political meeting, etc .
152 . Destruction of political posters, etc .
153 . Defacing property for political purposes .
154 . Aggravating circumstances in relation to offences under se ctions 151, 152 and 153 .
PART XXI
FURTHER PROVISIONS RELATING TO CORRUPT PRACTICES ,ILLEGAL PRACTICES AND OTHER OFFENCES
155 . When election void owing to corrupt or illegal practices .
156 . When election not void .
157 . When Electoral Court may hold cer tain acts or omissions to be exempt from provisions of this Act .
158 . Hearing of person accused of corrupt practice or illegal practice .
159 . Finding on charge of electoral malpractice .
160 . When creditors not prejudiced in respect of prohibited payment .
PART XXIA
CONFLICT MANAGEMENT
160A .Interpretation in Part XXIA .
160B .Constitution of multiparty liaison committees .
160C .Functions of multiparty liaison committee .
160D .Decisions of multiparty liaison committees .
PART XXIB
MEDIA COVERAG EOF ELECTIONS
160E .Interpretation in Part IVA .
160F .Application of Part XXIB in relation to other media laws .
160G .Access to public broadcasting media .
160H .Political advertising in broadcasting and print media .
160I . Publication of electoral informa tion in public interest .
160J . Conduct of news media during election period .
160K .Monitoring of media by Commission .
PART XXII
ESTABLISHMENT ,COMPOSITION AND RULES OF ELECTORAL COURT
161 . Establishment and jurisdiction of Electoral Court .
162 . Judges of Electoral Court and composition thereof .
163 . Assessors .
164 . Registrar of Electoral Court .
165 . Rules of Electoral Court .
PART XXIII
ELECTION PETITIONS
166 . Interpretation in Part XXIII .
167 . Who may present election petition .
168 . Provisions governing election petitions .
169 . Notice of election petition to be served on respondent .
170 . Respondent may object to security provided .
171 . Provisions as to trial of election petition .
172 . Appeals from decisions of Electoral Court .
173 . Procedure where Electoral Court reports cases of corrupt practices or illegal practices .
174 . Witnesses .

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175 . Witnesses not excused from answering incriminating questions .
176 . Respondent may testify that election of petitioner undue .
177 . When non -compliance with this Act invalidates election .
178 . Withdrawal of election petition .
179 . Election petition terminated on death of petitioner .
180 . Position when respondent does not oppose election petition .
181 . Costs of election petition .
182 . Time within which election petition to be determined .
PART XXIV
GENERAL
183 . When incapacity may be removed .
184 . No person required to divulge how he or she voted .
185 . Evidence as to holding of election .
186 . Penalty for interruptions in connection with elections .
187 . Maintenance of secrecy .
188 . How public notice may be given and documents served .
189 . Validation of certain documents despite misnomer or inaccurate description .
190 . Complaints to Commission .
191 . Provision of co pies of electoral legislation .
192 . Regulatory powers of Commission .
193 . Repeal of Cap. 2:01 and savings .
SCHEDULES
First Schedule: Code of conduct for chief e lection agents, election agents and observers .
Second Schedule: [Repealed ].
Third Schedule: [Repealed ].
Fourth Schedule: Electoral code of conduct for political parties and candidates .
Fifth Schedule: Election of President in the event of casual vacancy .
Sixth Schedule: Provisions Applicable to Zimbabwe Electoral Commission .
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 Ele c-
toral Commission and the appointment of the Chief Elections Officer; to pro vide for the Registrar –
General of Voters and constituency registrars; to make provision for the registration of voters and for
the lodging of objections thereto; to provide for the preparation, compilation and maintenance of vo t-
ers 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 provi de 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.
[Long title substituted by Act 3of 2012 ] [Date of commencement : 1st February, 2005 ] WHEREAS sections 28(4), 34(3), 38(2), 100B(1) and 100C of the Constitution provide as follows:
28.(4) The procedure for … the election of the President shall be as prescribed in the Electoral Law.
34.(3) The procedure for … the election of Senators and the filling of vacancies among elected Senators shall
be as prescribed in the Electoral Law.
38.(2) Th e procedure for … the election of members of the House of Assembly and the filling of vacancies
shall be as prescribed in the Electoral Law.
100B. (1) There is a Zimbabwe Electoral Commission consisting of 
(a) a chairperson appointed by the President aft er 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 Orde rs.

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(2) The chairperson of the Zimbabwean Electoral Commission must be a judge or former judge of the S u-
preme Court or the High Court, or a person qualified for appointment as such a judge.
(3) At least four members of the Zimbabwean Electoral Commission , apart from the chairperson, must be
women.
(4) Persons appointed to the Zimbabwean Electoral Commission must be chosen for their integrity and their
experience and competence in the conduct of affairs in the public or private sector.
(5) Members of the Zimbabwean Electoral Commission must be appointed for a term of six years, and their
appointment may be renewed for one further term only.
100C .(1) 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; and
(ii) elections to the governing bodies of local authorities; and
(iii) referendums;
and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently
and in accordance with the law;
(b to supervise the registration of voters by the authority charged with that responsibility under the Ele c-
toral Law; and
(c) to compile voters’ rolls and registers; and
(d) to ensure the proper custody and maintenance of voters’ rolls and registers; and
(e) to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish
and operate polling centres; and
(f) to determine, subject to section 100J, limits of boundarie s of local authority wards, House of Assembly
constituencies and Senatorial constituencies; and
(g) to conduct voter education; and
(h) to accredit observers of elections and referendums in accordance with an Act of Parliament; and
(i) to give instructi ons to persons in the employment of the State or of a local authority for the purpose of
ensuring the efficient, proper, free and fair conduct of any election or referendum; and
(j) to exercise any other functions that may be conferred or imposed on the C ommission by the Electoral
Law or any other law.
AND WHEREAS it is desirable to gather into a single Electoral Law all matters concerning electoral issues;
NOW THEREFORE, be it enacted by the President and Parliament of Zimbabwe as follows: —
[Enacting formula to preamble substituted by Act 3 of 2012] PART I
PRELIMINARY
1 Short title and date of commencement
This Act may be cited as the Electoral Act [Chapter 2:13 ].
2 Application
This Act shall apply to 
(a) the election of members of Parliament and el ections to the office of President for the purposes of the
Constitution; and
(b) elections to the governing bodies of councils for the purposes of the Rural District Councils Act [Cha p-
ter 29:13 ]and the Urban Councils Act [Chapter 29:15 ].
3 General princi ples 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 co n-
ducted 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 

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(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 b e-
lief, education, physical appearance or disability or economic or social condition, to stand for o f-
fice and ca st 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 cand idates in every election;
(iii) to campaign freely within the law;
(iv) to have reasonable access to the media.
4 Interpretation
(1)In this Act —
“by -election” means an election to fill a casual vacancy in the membership of the Senate or the House of A s-
sembly or in the governing body of a local authority; [Definition inserted by section 16 of Act 17 of 2007] “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 e lection, as the case may be; [Definition inserted by section 16 of Act 17 of 2007] “casual or special vacancy”, in relation to a council, means a vacancy referred to in section 32 of the Rural
District Councils Act [ Chapter 29:13 ] or section 78 of the Urba n Councils Act [ Chapter 29:15 ]; [Definition inserted by section 16 of Act 17 of 2007] “Chief”, has the meaning given thereto in the Traditional Leaders Act [ Chapter 29:17 ];
“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; [Definition substituted by Act 3 of 2012] “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; [Definition substituted by section 16 of Act 17 of 2007] “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 48 of the Constitution; [Definition i nserted by section 16 of Act 17 of 2007] “Commission” means the Zimbabwe Electoral Commission appointed in terms of section 100B(1) of the
Constitution; [Definition substituted by Act 3 of 2012] “Commissioner” means a member of the Commission, including th e chairperson of the Commission; [Definition substituted by Act 3 of 2012] “competent witness”, in relation to voting by post, means the Registrar -General of Voters or, subject to su b-
section (2), any person who —
(a) is a member of Parliament, a Provincial Governor, the principal diplomatic representative of
Zimbabwe in any country or the deputy of such representative, or a member of the staff of such
representative appointed by him or her, or the trade commissioner or any consular official for
Zimbabwe in any country; or
(b) inside Zimbabwe, holds the position of a hospital matron, Government mining engineer, Go v-
ernment inspector of mines, mine manager, constituency registrar, deputy constituency registrar,
assistant constituency registrar, or chairperson or secretary of a town council or rural district
council; or
(c) inside or outside Zimbabwe, is or holds the office of or an appointment as a chartered accou n-
tant, corporate member of an engineering institute, land surveyor, corporate member of an inst i-
tute or association of architects, postmaster, legal practitioner, advocate, barrister, attorney, sol i-
citor, magistrate, bank manager, commissioned officer in the Defence Forces, justice of the
peace, commissioner of oaths, mayor, medical practitioner, town clerk, assistant town clerk, v e-
terinary surgeon or commissioned police officer; or

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(d) is a member of a class of persons prescribed as competent witnesses;
“constituency” means one of the ward constituencies, House of Assembly constituencies or senatorial const i-
tuencies, as the case may be, into which Zimbabwe is divided in terms of section 100J of the Constit u-
tion; [Definition substituted by Act 3 of 2012] “constituency centre” means —
(a) a constituency centre established for a senatorial or House of Ass embly constituency in terms of
section 37C; or
(b) a constituency centre established for an election to the office of President in terms of section
37B;
as the case may be; [Definition substituted by Act 3 of 2012] “constituency elections officer”, in relation to —
(a) an election of a member of Parliament, means a person employed or appointed as a constituency
elections officer in terms of section 9(5) or 10(3)( a) for a senatorial or a House of Assembly
constituency, as the case may be;
(b) an electi on to the office of President, means a person employed or appointed as a presidential
constituency elections officer in terms of section 9(5) or 10(3)( b); [Definition substituted by Act 3 of 2012] “constituency registrar” means a person who is appointed in terms of subsection (1) of section nineteen to be
a constituency registrar;
“constituency return” means a return in the prescribed form recording the result of a collation of the votes for
a Presi dential election at a constituency centre in terms of section 110; [Definition amended by Act 3 of 2012] “corrupt practice” means any of the following offences referred to in Part XIX, namely —
(a) undue influence;
(b) bribery;
(c) personation;
(d) atte mpting 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 [ Chapter 29:13 ] or the Urb an Councils Act [ Chapter 29:15 ] for any local authority
area; [Definition inserted by section 16 of Act 17 of 2007] “councillor” means a member of a council; [Definition inserted by section 16 of Act 17 of 2007] “covering envelope” means the envelope refer red to in paragraph ( c) of subsection (4) of section seventy -two ;
“designated magistrate” means a magistrate designated for the purposes of Part VI by the Minister to whom
the administration of the Magistrates Court Act [ Chapter 7:10 ] has been assigned;
“disciplined force” means any branch of the Defence Forces or the Police Force;
“district” means a district as defined in the Rural District Councils (Districts) Notice, 1992, published in St a-
tutory Instrument 67 of 1992, or any other enactment that may be s ubstituted for the same; [Definition inserted by Act 3 of 2012] “district centre” means a district centre established in terms of section 37C(1)( f) for the purposes of special
voting, and includes a district sub -centre referred to in the proviso to section 81A(1)( b); [Definition inserted by Act 3 of 2012] “district special voting officer ” means a person employed or appointed as such in terms of section 9(5) or
10(4)( d), and includes a district sub -centre special voting officer;[Definition inserted by Act 3 of 2012] “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 [ Chapter 29:13 ] or the Urban
Councils Act [ Chapter 29:15 ];
as the case may be;
“election agent” means a 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 i n-
curred on account of or in respect of t he 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 e x-

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pended or expenses incurred by or in the interests of a political party of which the can didate is a member
if they do not relate directly to him or her; [Definition amended by Act 3 of 2012] “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 d ecl a-
ration 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 t he last const i-
tuency 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 co n-
cerned i n 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 w ard 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
124 and the decla ration of the result of the poll in terms of section 130(1) for the council area or
ward of the local authority concerned; [Definition inserted by section 16 of Act 17 of 2007 and amended by Act 3 of 2012] “election petition ” …. [Definition repealed by Act 3 of 2012] “Electoral Court ” means the Electoral Court established by section one hundred and sixty -one ;
“electoral malpractice ” means an intimidatory practice, corrupt practice, illegal practice or other offence in
terms of Part XX; [Definition inserted by section 16 of Act 17 of 2007] “electoral officer” means the Chief Elections Officer, an officer employed by the Commission, a nomination
officer, a constituency elections officer, presiding officer or polling officer, or any official referred to in
subs ection (1) of section eighteen or nineteen ; [Definition amended by section 16 of Act 17 of 2007 ] “Electoral Supervisory Commission” …. [Definition repealed by section 16 of Act 17 of 2007] “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; [Definition inserted by section 16 of Act 17 of 2007] “illegal practice” means any offence that is stated in Part XX to be an illegal practice; [Definition inserted by section 16 of Act 17 of 2007] “intimidatory practice ” means any offence under Part XVIIIA; [Definition inserted by section 16 of Act 17 of 200 7] “list of votes marked by the presiding officer” means a list referred to in subsection (2) of sections fifty -nine
and section sixty ;
“local authority area ” means an area the limits of which have been fixed in terms of the Rural District Cou n-
cils Act [ Ch apter 29:13 ] or the Urban Councils Act [ Chapter 29:15 ] or any other laws substituted for the
same; [Definition inserted by section 16 of Act 17 of 2007] “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” …. [Definition repealed by section 16 of Act 17 of 2007] “multiparty liaison committee” has the meaning assigned to that term by section 160A; [Definition inserted by Act 3 of 2012] “National Command Centre” means the National Command Centre established in terms of section 37C(1)( a); [Definition inserted by Act 3 of 2012 ] “nomination day”, in relation to —
(a) the election of a mem ber of Parliament, other than a Chief, means any day fixed in terms of p a-
ragraph ( 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 hund red and three ;

12
“nomination fee” means the sum deposited with the candidate’s nomination paper in terms of section 47 or
section 105; [Definition inserted by Act 3 of 2012] “nomination officer” means any person appointed by the Commission to receive nomina tions for candidates
for elections to the office of the President or to Parliament or to a council; [Definition inserted by section 16 of Act 17 of 2007] “observer” means a person accredited as an observer in terms of Part IXB; [Definition amended by Act 3 of 2012] “office hours ”, in relation to the office of a constituency registrar, means the hours on a week -day during
which that office is open to members of the public;
“ordinary polling station” is a phrase that is used in contrast to a special polling s tation, and refers to a po l-
ling station established in terms of section 51(1); [Definition inserted by Act 3 of 2012] “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 expense s of their living at
hotels or elsewhere for the purposes of and in relation to that election;
“political party” means any political organisation;
“polling day”, in relation to —
(a) an election to Parliament, means the day or days fixed in terms of paragr aph ( b) of subsection
(2) of section thirty -eight ;
(b) an election to the office of President, means any day or days fixed in terms of paragraph ( b) of
subsection (1) of section one hundred and three ;
“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 ;
“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 presi d-
ing officer;
“prohibited symbol” means a symbol or representation declared to be a prohibited symbol in terms of subse c-
tion (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 se c-
tion 7 of the National Registration Act [ Chapter 10:17 ], or a valid driver’s licence containing an identity
number assigned to the holder thereof under the National Registration Act [ Chapter 10:17 ];
“pro of 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 [ Cha p-
ter 29:15 ], rate or levy in terms Rural District Councils Act [ Chapter 29:13 ], or charge for th e
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 [Paragraph amended by section 16 of Act 17 of 2007] (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 [Paragraph amended by section 16 of Act 17 of 2007] (e) a sworn written statement by a property owner on whose property the voter or claimant resides; [Paragraph inserted by section 16 of Act 17 of 2007] “province” means an area of Zimbabwe declared as such in terms of the Provincial Councils and Administr a-
tion Act [ Chapter 29:11 ] or any other law substituted for the same;

13
[Definition inserted by section 16 of Act 17 of 2007] “provincial centre” means a provincial centre established in terms of section 37C(1)( b); [Definition inserted by Act 3 of 2012] “provi ncial elections officer” means a person employed or appointed as such in terms of section 9(5) or
10(4)( a); [Definition inserted by Act 3 of 2012] “qualified”, in relation to a person claiming or entitled to be registered as a voter for a constituency, mea ns
qualified to be a voter in that constituency in accordance with paragraph 3 of Schedule 3 to the Constit u-
tion and section twenty -three , and “disqualification” shall be construed accordingly;
“registered”, in relation to a voter, means registered in term s of Part V for the purpose of voting at an ele c-
tion;
“Registrar -General of Voters” means the Registrar -General of Voters referred to in section eighteen ;
“registration office” means the office of the Registrar -General of Voters or any office of a constitu ency reg i-
strar;
“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 o r
she may be styled; [Definition inserted by section 16 of Act 17 of 2007 ] “runoff presidential election” means a second presidential election held in the circumstances specified in se c-
tion 110(3)( f)(iii); [Definition inserted by Act 3 of 2012] “Service Commissions” …. [Definition repealed by section 16 of Act 17 of 2007 ] “Speaker” means the Speaker of the House of Assembly; [Definition substituted by section 16 of Act 17 of 2007] “special ballot paper” means a ballot paper for use in special voting; [De finition inserted by Act 3 of 2012] “special polling station” means a polling station established for the purpose of special voting in terms of Part
XIVA, and includes a special district sub -centre polling station referred to in the proviso to section
81A( 1)( b); [Definition inserted by Act 3 of 2012] “special vote” means a vote cast in terms of Part XIVA, and “special voting” shall be construed accordingly; [Definition inserted by Act 3 of 2012] “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 e s-
tablished by the Constitution; [Definition inserted by section 16 of Act 17 of 2007] “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; [Definition substituted by section 16 of Act 17 of 2007 ] “voters registration certificate” means a certificate of registration as a voter issued in terms of section 26; [Definition amended by section 16 of Act 17 of 2007] “voters roll” means —
(a) the voters roll for any constituency; or
(b) the voters roll for any ward of a local authority area; [Definition substituted by section 16 of Act 17 of 2007] “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 as such in terms of section 9(5) or 10(4)( c); [Definition inserted by Act 3 of 2012 ] “ward or council centr e” …. [Definition repealed by Act 3 of 2012] “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; [Definition inserted by section 16 of Act 17 of 2007]

14
“Zi mbabwe Human Rights Commission” means the Commission established in terms of section 100R of the
Constitution. [Definition inserted by Act 3 of 2012] (2)Notwithstanding anything contained in the definition of “competent witness” in subsection (1), a cand i-
date 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
[Part II (sections 4A –14)substituted by Act 3 of 2012 ] 4A Corporate status and anc illary 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 limiti ng subsection (1)but subject to this Act, for the better exercise of its functions the Co m-
mission shall have power to do or cause to be done, either by itself or through its agents, all or any o f the things
specified in Part I of the Sixth Schedule, eithe r 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 E lections
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 po wers of Commission
In addition to th e functions set out in section 1 00C 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 ele c-
tions; and
(d) keeping the public informed about —
(i) the times and places where persons can register as vote rs and the progress of the voter registr a-
tion 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
(vi) voting; and
(vii ) generally, all matters relating to the Commission’s work and the electoral process;
and
(e) mak ing recommendations to Parliament on appropriate ways to provide public financing for political
parties.
6 Commissioners: qualifications for and terms and conditions of office
(1)Part II of the Sixth Schedule applies to the qualifications, the terms and conditions of office and, subject
to this section, the vacation of office of Commissioners.
(2)If the President considers that the question of the removal from office of a Commissioner, on a ground
specified in section 100G of the Constitution, ought to be investigated, the President shall appoint a tribunal to
inquire into the matter.
(3)A tribunal appointed under subsection (2)shall consist of not less than three members selected by the
President from the following —
(a) persons who have held office as a judge of the Supreme Court or the High Court;
(b) persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil or cri m-
inal matters in a country in which the common law is Roman -Dutch or English, and English is an off i-
cial language;
(c) legal practitioners of not less than seven years’ standing;
one of whom shall be designated by the President as chairperson .
(4)It shall be the duty of the association which is constituted under an Act of Parliament and which
represents legal practitioners practising in Zimbabwe to nominate a panel containing the names of at least five
duly qualified legal practitioners for the p urposes of subsection (3)(c)when so required by the President.

15
(5)A tribunal appointed under subsection (2)shall inquire into the matter with all due dispatch, and report to
the President with a recommendation whether or not the Commissioner concerned should be removed from office
on a ground specified in section 100G of the Constitution.
(6)The Commissions of Inquiry Act [Chapter 10:07 ]applies, with any necessary changes, in relation to a
tribunal appointed under subsection (2), as it applies to com missioners appointed under that Act.
(7)If the question of removing a Commissioner from office has been referred to a tribunal under subsection
(2), the Commissioner shall be suspended from performing the functions of his or her office until the Presiden t, on
the recommendation of the tribunal, revokes the suspension or the Commissioner is removed from office in acco r-
dance with subsection (8).
(8)A tribunal appointed under subsection (2)shall make a report of its findings to the President and advise
whether a Commissioner should be removed from office on a ground specified in section 100G of the Constit u-
tion, and if the tribunal advises the President that the Commissioner should be remov ed the President shall, with
the approval of —
(a) the Judicial Service Commission and the Committee on Standing Rules, in the case where the Commi s-
sioner to be removed is the chairperson of the Commission; or
(b) the Committee on Standing Rules, in the case where the Commissioner to be removed is not the chai r-
person of the Commission;
remove the Commissioner from office.
(9)The Minister shall lay a copy of a tribunal’s report and advice before Parliament within a reasonable time
after its report and ad vice have been delivered to the President.
7 Procedure of Commission
Part III of the Sixth Schedule applies to the procedure to be followed by the Commission at its meetings.
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 chie f 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 e m-
ployment;
(c) be the accounting officer of the Commission in terms of the Public Finance Management Act [Cha p-
ter 22:19 ](No. 11 of 2009 );
(d) perform any of the functions of the Commission that t he 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 Commiss ion 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 an d, except in the
case of any discussion relating to the terms and conditions of his or her appointment, to take part in the procee d-
ings 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 e x-
pedient 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 cond i-
tions of service of the employees of the Commission.

16
(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 Commis sion.
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 [Chapter 15:16 ](No. 20 of 2004 )and the responsible au-
thority 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 pe r-
form such functions as the C ommission 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 u n-
der 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 members of Parliament, the Commission may appoint one of the persons
seconded in terms of subsection (1)to be the constituency elections officer for each senatorial and
House of Assembly constituency in which the election is to take place:
Provided that the Comm ission may appoint the same person to be a constituency elections officer
for a senatorial constituency and for a House of Assembly constituency which falls within the senatorial
constituency;
(b) an election to the office of President, the Commission may appoint one of the persons seconded in terms
of subsection (1)to be the presidential constituency elections officer for each House of Assembly const i-
tuency for the purpose of the election:
Provided that the Commission may appoint the same person to be a constituency elections officer
for a senatorial constituency and for a House of Assembly constituency which falls within the senatorial
constituency;
(c) an election of one or more councillors, the Commission may appoint 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;
(d) special voting, the Commission may appoint one of the persons seconded in terms of subsection (1)to
be the district special voting officer for each district in which the special voting is to take place:
Provided that the Commission may designate a constituency elections officer stationed at a district
centre to be the district special voting officer for the district in question.
(5)For the avoidance of the doubt it is declared that the Commission may, instead of seconding persons to
the posts referred to in subsection (4)(a),(c)and (d), app oint its own permanent staff to perform duties as s ena-
torial and House of Assembly constituency officers, ward elections officers and district special voting officers.
10A Provisions guaranteeing independence of Commission
(1)Every Commissioner and membe r of staff of the Commission shall perform their functions independen t-
ly.
(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 ot h-
erwise, 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, bo dy, organ, agency or institution, b elonging to or employed by the S tate, shall
afford the Commission such assistance as may be reasonably required for the protection of the independence, i m-
partiality and dignity of the Commission.
11 Provisions to ensure i ndependence, impartiality and professionalism of Commissioners and
staff and agents of Commission
(1)In this section —
“political office” means the office of —
(a) the President; or
(b) a Minister or Deputy Minister who is an elected member of Parliamen t; or
(c) a member of Parliament; or
(d) a member of the governing body of a local authority;
(e) any executive appointment or elected office, whether remunerated or not; or
(f) aMinister or Deputy Minister who is not an elected member of Parliament; or
(g) any paid office;
in the service of a political party or of an organisation or movement which publicly supports or opposes
the policies, candidates or cause of any political party.

17
(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 funct ions 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 percep tion 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 100E of the Constitution or subsection (2)(c)and (d)of this section, no
Commissioner an d 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 su pporting or opposing any question put to a ref e-
rendum.
(4)Subsection (3)applies to part -time employees of the Commission during any period that they are e m-
ployed or engaged by the Commission.
12 Funds and finances of Commission
(1)The funds of the Com mission 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 imp osed 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 M i-
nister 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 suc h manner as the Commi s-
sion in consultation with the Minister may approve.
(3)The estimated revenue and expenditure of the Commission shall be itemised clearly and separately in any
estimates of revenue and expenditure laid before Parliament pursuant to Chapter XI of the Constitution.
(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 ref e-
rendum to —
(a) the President, the President of the Senate, the Speaker of the H ouse of 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 House of Assembly and the Minister a report on its activities during
that financial year.
(3)The Commission —

18
(a) shall submit to the President, the President of the Senate, the Speaker of the House of 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 House of Assembly and the Minister may require; and
(b) may submit to the President, the President of the Senate, the Speaker of the House o f Assembly and the
Minister such other reports on any matter related to its activities as the Commission considers advisable.
(4)The Speaker of the House of Assembly shall cause every report received in terms of subsection (1),(2)or
(3)to be laid befo re Parliament on one of the twenty -four days on which the Senate and the House of Assembly
next sit, whichever House meets first after the Speaker of the House of Assembly has received the report.
(5)The Minister shall, within six months of the end of th e Commission’s financial year, lay before Parli a-
ment 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 [Chapter 8:14 ]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 [Chapter 8:14 ], no notice of intention to institute
proceedings as required by those provisions shall be required when instituting proceedings against the Commi s-
sion. [Part II (sections 4A –14)substituted by Act 3 of 2012 ] 15 … [Section repealed by Act 17 of 2007 ] 16 … [Section repealed by Act 17 of 2007 ] PART III
17 …. [Section repealed by Act 3 of 2012 ] PART IV
REGISTRAR -GENERAL OF VOTERS AND CONSTITUENCY REGISTRARS
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 vo t-
ers 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 wis h-
es to be registered as a voter, or from or to which he or she wishes to be transferred as a voter. [Section inserted byAct 17 of 2007 ] 18 Registrar -General of Voters
(1)There shall be a Registrar -General of Voters whose office shall be a public office and shall form part of
the Public Service.
(2)The Registrar -General of Voters shall exercise such functions as are imposed or conferred upon the Reg i-
strar -General of Voters by or under this Act and, in the exercise of his or her functions, the Registrar -General of
Voters shall be subject to the direction and control of the Commission. [Subsection amended byAct 17 of 2007 ] (3)Notwithstanding any other provision of this Act, the Registrar -General of Voters may —
(a) assume and exercise any function which in terms of this Act is vested in a constituency re gistrar;
(b) with the consent of the Commission, delegate any of his or her functions in terms of this Act to any ot h-
er member of the Public Service; [Subsection amended byAct 17 of 2007 ] (c) assign or authorise the delegation of all or any of the funct ions which in terms of this Act are vested in a
constituency registrar to any other such member of the Public Service;
(d) in relation to an election to which Part XIX applies, delegate any of his or her functions in terms of this
Act, the Rural District Councils Act [Chapter 29:13 ]or the Urban Councils Act [Chapter 29:15 ]to a
member of the Public Service;
and shall do so if so directed by the Commission.
19 Constituency registrars and other officers
(1) For each constituency there shall be —
(a) aconstituency registrar; and

19
(b) a deputy constituency registrar; and
(c) one or more assistant constituency registrars;
who shall be members of the Public Service.
(2)A deputy constituency registrar or assistant constituency registrar shall, subject to subsection (3), exercise
such of the functions that are imposed or conferred by or under this Act on the constituency registrar of the const i-
tuency for which he or she has been appointed as may be delegated to him or her from time to time by that const i-
tuency registrar.
(3)Constituency registrars, deputy constituency registrars and assistant constituency registrars shall exercise
the functions conferred upon them by or under this Act under the general supervision and direction of the Reg i-
strar -General of Voters.
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 constitue ncy. [Subsection amended by Act 3 of 2012 ] (2)A voters roll shall specify, in relation to each registered voter —
(a) the voter’s first and last names, date of birth and national registration number; 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 C ommission
considers appropriate:
Provided that every roll shall be kept in both printed and electronic form. [Proviso inserted by Act 3 of 2012 ] (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 vot ers r oll for his or
her constituency;
and
(c) keep at least one copy of a consolidated national v oters roll at its head office. [Paragraph inserted by Act 3 of 2012 ] (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. [Subsection inserted by Act 3 of 2012 ] [Section substituted byAct 17 of 2007 ] 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 constituency registrar where it is kept.
(2)A person inspecting the voters roll for a constituency m ay, 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 voters roll, either in printed or in electronic form as the person may
request. [Subsection substituted by Act 3 of 2012 ] (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. [Subsection substituted by Act 3 of 2012 ] (5)Fees prescribed for the purposes of subsection (3)or (4)shall not exceed the reason able cost of providing
the voters roll concerned. [Subsection inserted by Act 3 of 2012 ] (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 nom i-
nated. [Subsection inserted by Act 3 of 2012 ]

20
(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 bei ng
used for commercial or other purposes unconnected with an election. [Subsection inserted by Act 3 of 2012 ] (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 vo t-
ers 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 offen ce and liable to a fine not exceeding level ten or to imprisonment for a period not e x-
ceeding five years or to both such fine and such imprisonment . [Subsection inserted by Act 3 of 2012 ] [Section substituted byAct 17 of 2007 ] 22 Powers to demand informat ion
In the performance of his or her duties under this Act, a constituency registrar shall at all times have the po w-
er—
(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; [Paragraph amended byAct 17 of 2007 ] (b) to demand from any person any information reasonably necessary to enable the constituency registrar to
ascertain whe ther 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; [Paragraph amended byAct 17 of 2007 ] (c) to require any voter or claimant to ans wer such reasonable questions as will enable the constituency r e-
gistrar to complete a prescribed form of claim in accordance with section twenty -four . [Paragraph amended byAct 17 of 2007 ] 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 par a-
graph (a)(ii), on which roll shall be entered the names of all registered voters ordinarily reside nt 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 st a-
tion 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 or to cast a sp ecial vote;
(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. [Sectio n inserted by Act 3 of 2012 ] [Section 22A will come into operation on a date to be fixed by the Zimbabwe Electoral Commission in accordance with section 42(1) of Act 3 of 2012, on which day the consequential amendments contained in section 42(2) of Act 3 o f 2012 will also come into operation. Law Reviser ]

21
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 qualifica tions to be regi s-
tered 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 Registrar -General of Voters that he or she is or intends to be a can di-
date 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. [Subsection amended byAct 17 of 2007 ] (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 i n 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 Chief Elections Officer, Registrar -General of Voter s, any constituency registrar 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 iden tity
or residence by other means . [Subsection inserted by Act 3 of 2012 ] 24 Claims for registration
(1)Any person who wishes to be registered as a voter on the voters roll for any constituency shall present
himself or herself at the appropriate registrat ion office in order for the appropriate prescribed claim form to be
completed on his or her behalf by the constituency registrar, deputy constituency registrar or assistant constitue n-
cy registrar:
Provided that a claimant who, in accordance with the provis o to subsection (1)of section twenty -three , seeks
registration in a constituency in which he or she is not resident shall lodge a claim form with the Registrar –
General of Voters.
(2)Where a claimant seeks registration in a constituency in which he or sh e is not resident, he or she shall
provide the Registrar -General of Voters 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 constituency registrar 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 constituency
registrar 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 Registrar -General of Voters is satisfied that it is appropriate for the claimant to be registered in
that constituency, the Registrar -General of Voters shall direct the appropriate constituency registrar to enter the
claimant’s name and particulars r elating to him or her on the voters roll for his or her constituency.
(5)If a constituency registrar considers that a claimant should be registered on the voters roll for some other
constituency, the constituency registrar shall forward the claim to the constituency registrar for that other constit u-
ency and shall advise the claimant accordingly.
(6)The Chief Elections Officer, Registrar -General of Voters, any constituency registrar or any officer of the
Commission may demand from any claimant proof of i dentity or proof of residence in that constituency or both of
the foregoing.
(7)Any applicant aggrieved by any decision of the Registrar -General of Voters or constituency registrar
made under this section may lodge a complaint with the Commission in term s 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; or
(b) wishes, for the reason referred to in the proviso to subsection (1)of section twenty -four , to be registered
in another constituency in which he or she is not resident;

22
may present himself or herself at the appropriate registration office in order for the appropriate prescribed form to
be com pleted on his or her behalf by the constituency registrar, deputy constituency registrar or assistant constit u-
ency registrar, and shall submit to such officer the voters registration certificate, if any, issued to him or her:
Provided that where an applica nt seeks transfer of registration because he or she is or intends to be a cand i-
date 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 Registrar -Gener al of Voters for his or her approval.
(2)Where an applicant seeks transfer to a constituency in which he or she is not resident, the applicant shall
provide the Registrar -General of Voters with an address in that constituency where he or she shall be dee med to
be resident for the purposes of any delimitation of constituencies in terms of the Constitution.
(3)If the constituency registrar is satisfied that an applicant who seeks transfer of registration to a constit u-
ency in which he or she is resident is entitled to the transfer, the constituency registrar 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 the constituency registrar 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
constituency registrar, if satisfied that the application is in order, shall register the applica nt 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 tran s-
fer to a constituency in wh ich he or she is not resident, the Registrar -General of Voters is satisfied that it is appr o-
priate for the applicant to be registered in that constituency, he or she may direct —
(a) the constituency registrar for the constituency in which the applicant is registered to remove the appl i-
cant’s name from the voters roll for his or her constituency and forward the applicant’s name and part i-
culars to the constituency registrar for the constituency to which the applicant has applied to be tran s-
ferred; and
(b) the constituency registrar 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 re g-
ister the applicant on the voters roll for his o r her constituency and, as soon as he or she has done so, to
notify the voter thereof;
and the constituency registrars concerned shall comply with any such direction.
(6)Any applicant aggrieved by any decision of the Registrar -General of Voters or a cons tituency registrar
made under this section may appeal against the decision to a designated magistrate for the province in which e i-
ther of the constituencies concerned is situated. [Subsection substituted byAct 17 of 2007 ] 26 Voters registration certificat es
(1)Subject to subsection (3), on the registration of a voter in terms of this Part the constituency registrar shall
issue him or her with a voters registration certificate in the prescribed form.
(2)Subject to subsection (3), on the transfer of the registration of a voter in terms of section twenty -five the
voter shall be issued with a voters registration certificate by the constituency registrar of the constituency to which
he or she has been transferred.
(3)If a voter has applied for registration in terms of the National Registration Act [Chapter 10:17 ]and been
issued with —
(a) a notice in writing in terms of subsection (1)of section 7 of that Act; or
(b) an identity document in terms of subsection (2)of section 7 of that Act;
he or she need not be furnished or issued with a voters registration certificate in terms of this section.
26A Closure of voters rolls 24 hours before nomination day
No person shall be registered as a voter for the purposes of voting at any Presi dential election or election of
members of Parliament or councillors unless he or she lodges a claim for registration or transfer of registration
under section 24 or 25 no later than twenty -four hours before the nomination day fixed in terms of a proclamat ion
referred to in section 38 or a notice referred to in section 39, as the case may be, in relation to that election. [Section inserted byAct 17 of 2007 and amended by Act 3 of 2012 ] PART VI
OBJECTIONS TO REGISTRATION OF VOTERS
27 Objections by constitue ncy registrar
(1)Subject to subsection (7), if a constituency registrar 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 regi s-
tered; or
(c) a voter registered on a voters roll is not qualified for registration on that voters roll;

23
the constituency registrar 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 par a-
graphs ). [Proviso amended byAct 17 of 2007 ] (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
constituency registrar, on representations made by the person to whom the objection relates, wit hdraws
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 constituency registrar does not withdraw his
or her objection, the constituency registrar 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 constituency registrar 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 cla i-
mant or voter resides; and
(ii) the desig nated magistrate shall appoint a day and place for the hearing, the day so appointed b e-
ing not more than thirty days after the date of receipt of the notice of appeal from the constitue n-
cy registrar.
(4)The constituency registrar shall give written notic e 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 constituency registrar, and, if the
objection has been set down in terms of subsection (3)for hearing, the constituency registrar shall notify the de s-
ignated magistrate of such withdr awal.
(7)Notwithstanding this section, where a claimant or voter has ceased to be a citizen of Zimbabwe and th e-
reby ceases to be entitled to vote in terms of subparagraph (3)of paragraph 3 of Schedule 3 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 re g-
istration or striking his or her name off the voters roll, as the case may be, if the constituency registrar —
(a) publishes a notice of such striking -off in the Gaz ette or in a newspaper circulating in the area of the co n-
stituency concerned; and
(b) gives written notice to the claimant or voter concerned that his or her claim for registration is incomp e-
tent or his or her name has been or is to be struck off the vot ers 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 objec t-
ing voter is registered, and to the removal of his or her name from the voters roll in terms of section 33 (4). [Subsection amended byAct 17 of 2007 ] (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 const ituency registrar; and
(c) accompanied by the prescribed fee.
(3)If an objection in terms of subsection (1)is lodged and —
(a) the constituency registrar 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 constituency registrar gives n o-
tice in accordance with this paragraph, unless, within that period —
A. the voter who has objected submits to the constituency registrar a written notice to the effect that
he or she wishes the objection to be heard (notwithstanding that the objection is upheld ); or
B. the person to whom the objection relates submits to the constituency registrar a written notice to
the effect that he or she wishes the objection to be heard;

24
in which event paragraph (b)shall apply as if the constituency registrar did not uphold the objection;
(b) the constituency registrar 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 misunder s-
tanding on the part of the objector )—
(i) forthwith set down the objection for hearing be fore 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 b e-
ing not more than thirty days after the date of lodging of the objection.
(4)The constituency registrar 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 constituency registrar receives an objection in terms of
subsection (1)during the period of thirt y 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 th e 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
hea ring in terms of subparagraph (i)of paragraph (b)of subsection (3), withdra w the objection on written notice
to the constituency registrar and the constituency registrar 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 o b-
jection.
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 doe s 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 o b-
jection;
(d) if the person to whom the objection relates has, in writing, admitted the validity of the objection, the
designated magistrate shall direct the constituency registrar —
(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 ob jection and may direct the constituency registrar —
(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 corre ct 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 aut horised 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

25
(ii) he or she has disallowed the appeal and held that the grounds of appeal were frivolous or ve x-
atious;
(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, o n 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 dec i-
sion 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 sign ed by the party at whose r e-
quest 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 objec tor 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 te rms 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 constit u-
ency registrar 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 constituency registrars 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 constituency registrar 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 c onst i-
tuency registrar shall remove the name of the voter from his or her voters roll unless he or she is sati s-
fied that the voter is entitled to be registered on his or her voters roll rather than on the other voters roll.
(3)A constituency registrar sha ll 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 t aking 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 constituency registrar has reason to believe that a voter whose name is re g-
istered on a voters roll has become disqualified for registration as a voter, or is dead, the constituency registrar
shall remove his or her name therefrom.
(2)Subject to subsection (5), if a constituency registrar is satisfied that a voter registered on a vote rs 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 Registrar -General of Voters 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 constituency registrar shall remove such voter’s name therefrom.

26
(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 resi dent in Zimbabwe; or
B. a society, body of persons or company, the control and management of which are in Zi m-
babwe; or
C. a body incorporated directly by an enactment in force in Zimbabwe;
or
(iii) his or her attendance at a university or other educat ional 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 constituency registrar 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 th e 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. [Subsection amended byAct 17 of 2007 ] (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 constituency
registrar of his or her powers in terms of subsection (1)or (2)as though the constituency registrar were t aking 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 Registrar -General of Voters 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 constituency regi strar 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 a d-
dress;
(c) …. [Paragraph repealed byAct 17 of 2007 ] (2)In the ca se of an alteration in terms of subsection (1)made otherwise than on the oral or written applic a-
tion of a voter, a notice of the alteration shall be published in the Gazette by the Registrar -General of Voters or
constituency registrar, as the case may be.
(3)Any voter aggrieved by any decision of the Registrar -General of Voters or constituency registrar 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 alteratio ns 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 w ith 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 extension 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 proclam a-
tion 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

27
(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) secti on 17A (“Continuous registration” )shall continue to apply and operate alongside the new registr a-
tion o f voters:
Provided that when a new voters roll is produced after the conclusion of a new registration of vo t-
ers 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 co nducted;
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 day s from the first -mentioned day.
(3)Any person who, immediately before the publication of a proclamation in terms of subsection (1), is re g-
istered as a voter on a voters roll to which the proclamation applies shall be entitled to be registered on the new
voters roll for the ward or constituency concerned without completing a claim form but merely producing proof of
identity to the constituency registrar for the ward or constituency in which he or she was so registered:
Provided that if any such person seek s(by reason of having changed his or her residence )to be transferred to
another ward from the ward in which he or she was registered as avoter on a voters roll immediately before the
publication of a proclamation in terms of subsection (1), he or she mu st(notwithstanding anything to the contrary
in this Act )—
(a) appear before the constituency registrar of the constituency within which the ward to which he or she
wishes to be transferred is located; and
(b) produce an affidavit or fill an application in the prescribed form deposing to the followin g facts, namely
that he or she —
(i) was registered as avoter on a voters roll for another (named )ward immediately before the publ i-
cation of a proclamation ordering the new registration of voters; and
(ii) now qualifies to be registered in the (named )ward located within the constituency of the const i-
tuency registrar before whom the voter now appears;
and
(c) produce together with the affidavit or application referred to in paragraph (b)his or her proof of identity
and his or her proof of residence in the ward to which he or she seeks to be transferred .
(4)Where, during the period between the dates fixed in terms of subsection (1)(c)and (d), a person is resi d-
ing outside his or her constituency in the circumstances described in section 33 (3)(a)to (e), the person may, in a
written application for the purposes of subsection (3), describe as his or her residential address for the purposes of
registration on the new voters roll the place where he or she wa s last residing in the constituency concerned, and
that person shall be entitled, subject to this Act, to be registered on the new voters roll for that constituency.
(5)A person who, immediately before the publication of a proclamation in terms of subsec tion (1), was re g-
istered with the approval of the Registrar -General in a constituency in which he or she was not resident may, in a
written application for the purposes of subsection (3), provide the address which he or she provided in terms of
section 24(2)or section 25 (2), as the case may be, and that person shall be entitled, subject to this Act, to be regi s-
tered on the new voters roll for the constituency in which the address is situated. [Section inserted by Act 3 of 2012 ] 36B Proof required for removal from voters roll on death or absence
If a constituency registrar 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 —
(a) is dead ; or
(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 Registrar -General of Voters in a constituency in which he or
she was not resident; or
(c) has l eft Zimbabwe with the intention of residing permanently outside Zimbabwe;
and the constituency registrar 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 au thenticated 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 rea son 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 vo t-
er sought to be removed last resided, that the voter is dead;

28
then it shall be presumed, in the absence of any other reliable evidence, that the ground thus put forward is esta b-
lished. [Section inserted by Act 3 of 2012 ] PART VIII
OFFENCES INRELATION 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 del i-
vered to the constituency registrar, 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 s ection twenty -two —
(i) without just cause, fails to give any such information as he or she possesses or unreasonably d e-
lays 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 hers elf or any other pe r-
son 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 r egistration 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 intimidatio n, 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 vo t-
ers, as the case may be; or
(b) takes, destroys or damage s 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 o r 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 Commi s-
sion 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 boundari es 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 deci sion made by the Commission. [Section inserted byAct 17 of 2007 ] 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

29
(b) fix the date so as to allow the Commission adequate time to determine the limits of the wards and const i-
tuencies and prepare its final report in terms of section 100J of the Constitution before the calling of the
next general election. [Section inserted by Act 3 of 2012 ] 37C Electoral centres
(1)The Commission shall designate a place —
(a) to be the National Command Centre from which all elections conducted in terms of this Act are co n-
trolled nationally; and
(b) within each province to be the provincial command centre for the purposes of a Presidential electio n or
election of members of Parliament; and
(c) within each House of Assembly constituency to be the presidential constituency centre for the purpose
of a Presidential election; and
(d) within each senatorial constituency to be the senatorial constitue ncy centre for the purposes of an ele c-
tion of Senators; and
(e) within each House of Assembly constituency to be the constituency centre for the purposes of an ele c-
tion of members of the House of Assembly; and
(f) within each district to be the distric t centre for the purposes of special voting; and
(g) within each ward to be the ward centre for the purposes of local authority elections.
(2)The Commission may designate the same place to be a senatorial constituency centre, constituency ce n-
tre, a di strict 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 o f the presidential, senatorial, House of 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 wit h-
in 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 f rom every polling station within a const i-
tuency 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 r e-
turn” )distinc tly indicating the results obtained in each polling station relating to those elections;
and
(ii) senatorial elections, polling -station returns gathered from every polling station within a senator i-
al constituency shall be transmitted to the appropriate s enatorial constituency centre for collation
at that centre, the results of which collation shall be embodied in a return (“senatorial constitue n-
cy return” )distinctly indicating the results obtained in each polling station relating to those ele c-
tions; and
(ii) House of Assembly elections, polling -station returns gathered from every polling station within
a House of Assembly constituency shall be transmitted to the appropriate House of Assembly
constituency for collation at that centre, the results of which collation shall be embodied in a r e-
turn (“House of Assembly constituency return” )distinctly indicating the results obtained in each
polling station relating to those elections;
and
(c) after collation of the results of —
(i) the presidential election at each presidential constituency centre, presidential constituency r e-
turns gathered from every presidential constituency centre shall be transmitted to the provincial
command centre for collation at that centre, the results of which collation sha ll be embodied in a
return (“provincial return for the presidential election” )distinctly indicating the results obtained
in each polling station and constituency relating to those elections; and
(ii) the senatorial election at each senatorial constituen cy centre, senatorial constituency returns g a-
thered from every senatorial constituency centre shall be transmitted to the provincial command
centre, where the result of the senatorial election in the province in question will be embodied in
a return (“prov incial return for the senatorial elections” )distinctly indicating the results obtained
in each polling station and constituency relating to those elections; and
(iii) the House of Assembly election at each House of Assembly constituency centre, House of As-
sembly constituency returns gathered from every House of Assembly constituency centre shall
be transmitted to the provincial command centre, where the result of the House of Assembly
election in the province in question will be embodied in a return (“pr ovincial return for the

30
House of Assembly elections” )distinctly indicating the results obtained in each polling station
and constituency relating to those elections;
and
(d) after —
(i) the collation of the results of the presidential election at eac h provincial command centre, pr o-
vincial returns for the presidential election gathered from every provincial command centre shall
be transmitted to the National Command Centre for collation at that centre to obtain the results
of the presidential election; and
(ii) compilation of the provincial return for the senatorial elections at each provincial command ce n-
tre, the provincial returns for the senatorial elections shall be gathered from every provincial
command centre and transmitted to the National Comm and Centre;
(iii) compilation of the provincial return for the House of Assembly elections at each provincial
command centre, the provincial returns for the House of Assembly elections shall be gathered
from every provincial command centre and transmitt ed to the National Command Centre. [Section inserted by Act 3 of 2012 ] 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 58 (1)of the Constitution fixing a day or days for the holding of an
election to the office of President, a general election and elections for councillors, the President 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, not less than 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 e lection to the office of President; and
(ii) a day or days, not less than forty -two 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 110 (2); and [Subparagraph substituted by Act 3 of 2012 ] (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); [Subparagraph inserted by Act 3 of 2012 ] (b) for the purposes of a general election, fix —
(i) a place or places at which, and a day or days, not less than fourteen nor more than twenty -one
days after the day of publication of the proclamation, on which a nomination c ourt shall sit in
terms of section 46 to receive nominations of candidates for election as members of Parliament;
and
(ii) a day or days, not less than twenty -eight nor more than fifty 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 46 (17)(c)for the election of members of
Parliament;
(c) for the purposes of elections for councillors, fix —
(i) a place or places with in the ward at which, and a day or days, not less than fourteen or more than
twenty -one days after the day of publication of the proclamation, on which a nomination court
will sit in terms of section 46 to receive nominations of candidates for election as councillor; and
(ii) a day or days, not less than twenty -eight or more than fifty 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:
Provided that day or days fixed for polling in terms of paragraphs (a)(ii),(b)(ii)and (c)(ii)shall be the same
for the Presidential election, general election and elections of councillors.
(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 [Cha p-
ter 10:21 ].
(3)For the purposes of the appointment and election of Chiefs as Senators in terms of section 34 (1)(c)
and (d)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 Pres i-
dential election fixed in terms of subsection (1)(a)(ii), on which —

31
(i) each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act
[Chapter 29:17 ]shall convene for the purpose of electing the Coun cil of Chiefs in terms of se c-
tion 37 of the Traditional Leaders Act [Chapter 29:17 ]; and
(ii) the Council of Chiefs referred to in section 37 of the Traditional Leaders Act [Chapter 29:17 ] shall convene for the purpose of electing the President and the De puty 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 section 58 (1)of the Constitution, the President may, by further proclamati on in the Gazette , al-
ter 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. [Subsection substituted byAct 17 of 2007 ] 39 Vacanc ies and by -elections
(1)A vacancy in the membership of Parliament which exists otherwise than by reason of a dissolution of Pa r-
liament shall, subject to this section, be notified to the President and the Commission in writing by the President
of the Sena te or the Speaker of the House of Assembly, as the case may be, as soon as possible after the President
of the Senate or the Speaker of the House of Assembly becomes aware of the vacancy. [Section amended byAct 17 of 2007 ] (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 in the membership of Parliament; 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 nom i-
nated for election;
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 sec tion thirty -eight in regard to a general election, and the provisions of
this Act shall apply accordingly:
Provided that 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 proclam a-
tion in terms of subsection (1)of section 58 of the Constitution fixing a day or days for the holding of a general
election.
(3)…… [Subsection repealed by Act 3 of 2012 ] PART IXA
VOTER EDUCATION
[Part IXA (sections 40A –40F )inserted by Act 3 of 2012 ] 40A Interpretation in Part IXA
In this Part —
“foreign contribution or donation” means a contribution or donation made by —
(a) a person who is not a permanent resident or citizen of Zimbabwe domiciled in Zimbabwe; or
(b) a company which is not incorporated in Zimbabwe or, if so incorporated, does not carry on bus i-
ness in Zimbabwe; or
(c) any association of persons, whether incorporated or unincorporated, that does not consist excl u-
sively 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 don a-
tion;
“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 material s 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 f a-
vour of any political party; and

32
(c) to ensure compliance otherwise by persons referred to in paragraph (b)with the provisions of se c-
tion 40C (1).
(2)The Commission shall produce its own voter education materials for use in the provision of voter educ a-
tion.
(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 —
(a) the Commission; or
(b) a person permitted to assist the Commission in terms of section 40B (3); or
(c) a political party;
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 trus t, 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 [Chapter 17:05 ]; 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 v oter 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 acco r-
dance with which the voter education is conducted are adequate and not misleading or biased in favour
of any political party; and
(j) no fee or charge is lev ied 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 partic u-
lars 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 su b-
section (2); or
(c) with inten t 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 e x-
ceeding 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 excee d-
ing level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

33
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 fi x-
ing the dates of an elec tion, 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 pa rties may pr o-
vide 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 prov ided 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 elec tion, 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 ma t-
ter.
(4)A person to whom a direction has be en 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 excee d-
ing 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 Commi s-
sion, which may allocate such contribution or donation to any person referred to in section 40B (3)or se c-
tion 40C (1). [Part IXA (sections 40A –40F )inserted by Act 3 of 2012 ] PART IXB
ELECTION OBSERVERS
[Part IXB (sections 40G –40J)inserted by Act 3 of 2012 ] 40G Functions of accredited observers
(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 cond uct 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 appare nt irregularity in the conduct of the poll or the counting or collating of
votes to the attention of the Commission.
(2)The Minister, the Commission, and all electoral officers shall take all necessary steps to ensure that a c-
credited 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, co n-
sisting 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) one member of the Commission designated by the Commission; and
(d) one person nominated by the Office of the President and Cabine t; and
(e) one person nominated by the Minister; and
(f) one person nominated by the Min ister responsible for foreign affairs; and
(g) one person nominated by the Min ister responsible for immigration.

34
(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 t o be accepted as observers; and
(b) individuals representing local organisations and eminent persons from within Zimbabwe who have a p-
plied 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 foreig n 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 shall be made to the Chief Elections Officer by —
(a) the individual or eminent person who wishes to be accredited; or
(b) the organisation that wishes its representatives to be accredited; or
(c) the Minister or the Minist er 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 ind i-
viduals 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 o f any persons referred to in se c-
tion 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 t o the accreditation of a foreign i n-
dividual 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 appl ications for accreditation forwarded to it, the Observers Accreditation Commi t-
tee shall submit its recommendations thereon to the Commission, and the recommendations of the Committee
shall be deemed to have been adopted by the Commission if, forty -eight ho urs after the recommendations have
been submitted to the Commission, the Commission, through the Chief Elections Officer, makes no indication in
writing to the Committee that it rejects any of its recommendations.
(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 co nduct set out in the First Sch e-
dule; and
(c) paid such accreditation fee as may be prescribed.
(7)Upon satisfaction of the requirements of subsection (6)the Observers Accreditation Committee shall i s-
sue 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 IXB (sections 40G –40J)inserted by Act 3 of 2012 ] 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 Trad i-
tional Leaders Act [Chapter 29:17 ]—
(i) each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act
[Chapter 29:17 ]shall convene at the time and plac e and on the day or days fixed by the Pres i-

35
dent in terms of section 38 (3)(a)(i)to elect the Council of Chiefs referred to in section 37 of the
Traditional Leaders Act [Chapter 29:17 ]; 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 34 (1)(d)of the
Constitution, each provincial assembly of Chiefs referred to in section 35 of the Traditional Leaders Act
[Chapter 29:17 ]shall constitute an electoral college which shall be convened at the time and place and
on the day or days fixed by the Pres ident in terms of section 38 (3)(b). [Section substituted byAct 17 of 2007 ] 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 e lectoral college referred to in section forty . [Section amended by sections 87 of Act 17 of 2007 ] 42 Quorum of electoral colleges
One -half of the total membership of the electoral college shall constitute a quorum of that electoral college. [Section amended byAct 17 of 2007 ] 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 ar e to be filled by the electoral college co n-
cerned. [Subsection amended byAct 17 of 2007 ] (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 ele ctoral college concerned and seconded by another Chief
who is a member and present at the meeting of the electoral college. [Subsection amended byAct 17 of 2007 ] (3)No nomination in terms of subsection (2)shall be valid unless the candidate has signified his or her a c-
ceptance of it.
(4)…. [Subsection repealed byAct 17 of 2007 ] (5)If at a meeting of an electoral college —
(a) only one candidate has been duly nominated to represent the province concerne d, 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 candida te 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. [Subsection amended byAct 17 of 2007 ] 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). [Subsection amended byAct 17 of 2007 ] (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 colle ge 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. [Subsection amended byAct 17 of 2007 ] (5)During the period that the meeting h as 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 subse ction (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 e lectoral college; [Subsection amended byAct 17 of 2007 ] (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;

36
(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 th e candidates in descen d-
ing 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 Se n-
ators with effect from the day of such declaration; [Paragraph substituted byAct 17 of 2007 ] (f) if two or more candidates have received the same number of votes and the addition of a vote would e n-
title any of those candidates to be declared elected, the presiding officer shal l 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 el ected 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 d e-
termining 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. [Paragraph amended byAct 17 of 2007 ] (7)Any declaration by the presiding officer under this sect ion 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. [Subsection amended byAct 17 of 2007 ] PART XI
APPOINTED MEMBERS OF PARLIAMENT
45 Notification of appointment of members of Parliament
Whenever the President appoints members of Parliament in terms of section 34 (1)(e)of the Constitution, the
President shall notify the Clerk of Parliament and cause to be published in the Gazette the names of the persons so
appointed and the day on which they were appointed. [Section amended byAct 17 of 2007 ] PART XII
NOMINATION OF CANDIDATES FOR ELECTION ASMEMBERS OF PARLIAMENT
46 Nomination of candidates
(1)A candidate for election as a member of Parliament shall be nominated by means of a separate nom i-
nation paper in the prescribed form which —
(a) shall be signed by not fewer than ten persons who are registered on the voters roll for the constituency
for which the candidate seeks elec tion 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 appe ar on the voters roll, the nomination officer shall r e-
ject the nominator unless the candidate produces a voters registration certificate in respect of that nom i-
nator or a copy thereof certified by a commissioner of oaths;
and [Proviso inserted byAct 17 of 2007 ] (b) may specify a distinctive symbol which the candidate wishes to appear on the ballot paper in conjun c-
tion 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 a p-
pear on the ballot paper; and
(d) shall be accompanied by a passport -sized photograph of the candidate; and [Paragraph amended byAct 17 of 2007 ] (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 h er 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 nom ination );
and

37
Paragraphs amended by Act 3 of 2012 ] (f) shall contain such particulars as may be prescribed. [Paragraphs inserted by Act 3 of 2012 ] (2)Where a nomination paper specifies the matters referred to in paragraph (c)of subsection (1), the nom i-
nation paper shall be countersigned by an office -bearer of the political party concerned with authority to certify
that the candidate is to stand for or be sponsored by that political party. [Subsection amended by Act 3 of 2012 ] (2a)For the purposes of subsection (2), each political party contesting the election concerned shall provide
the Commission with the names of at least three office -bearers of the party, any one of whom will be authorised to
provide the certification required by that subsection . [Subsection inserted by Act 3 of 2012 ] (3)Nomination papers in respect of candidates for election as members of Parliament may be lodged with the
constituency elections officers for the constituencies concerned at any time after the publication of the proclam a-
tion referred to in subsection (1)of section thirty -eight but before the time on nomination day or the last nom i-
nation 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 nu m-
ber, where the candidate may be cont acted during the election period. [Subsection amended byAct 17 of 2007 ] (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 nom i-
nation of candidates for election as a member of Parliament for the constituency for which he or she is the nom i-
nation 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 a member of Parliament for the constituency for which
he or she is the nomination offi cer.[Subsection amended byAct 17 of 2007 ] (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 electi on co n-
cerned, 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 h er an opportunity
to do so. [Subsection amended byAct 17 of 2007 ] (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. [Subsection amended byAct 17 of 2007 ] (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 th at 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 ad journed to any other day that is not a nomination day.[Subsection amended byAct 17 of 2007 ] (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 resemble s—
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 wh ich is sponsoring him or her;
as to be likely to cause confusion;
or

38
(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 [Paragraph substituted by Act 3 of 2012 ] (e) if in his or her opinion the nomination paper is for any other reason not in order; [Paragraph inserted by Act 3 of 2012 ] and subsection (19)shall apply. [Subsection amended byAct 17 of 2007 ] (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 appear s on the nom i-
nation 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 satis fied that
there has been substantial compliance with this section. [Subsection amended byAct 17 of 2007 ] (12)The nomination officer shall in open court announce the name of every candidate who has been duly
nominated. [Subsection amended byAct 17 of 20 07] (13)The sitting of the nomination court in terms of this section shall end immediately after the announc e-
ment 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. [Subsection amended byAct 17 of 2007 ] (15)A candidate shall not be regarded as duly no minated for a constituency 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 an d 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 [Subsection amended byAct 17 of 2007 ] (d) he or she is not qualified for election at that election; or
(e) he or she has been duly nominated for election 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 House of Assembly constituency or
(b) a senatorial and House of Assembly constituency;.
his or her nomination for all the constituencies for which he or she has been nominated shall be v oid. [Subsection substituted byAct 17 of 2007 ] (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 Off icer 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 poll ing 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 O f-
ficer 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 nomina ted, 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. [Subsection amended byAct 17 of 2007 ] (18)Any voter registered on any voters roll may —

39
(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; [Paragraph amended byAct 17 of 2007 ] (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 re a-
sons 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 o f the dec i-
sion 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 su s-
pended, 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 s he does so, the Chief Elections Officer shall cause notice thereof to be published in the Ga-
zette . [Subsection amended byAct 17 of 2007 ] (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 si g-
nature 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 ca se of a candidate, shall be disqual i-
fied 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 te rms of section 46 there shall be deposited with the
nomination officer, by or on behalf of the person nominated, such nomination fee as may be prescribed, which
shall form part of the funds of the Commission . [Section substituted by Act 3 of 2012 ] 48 Proce dure 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 i n 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. [Section amended byAct 17 of 2007 ] 49 Withdrawal of candidate
(1)Subject to this section, a duly nominated candidate for election for a constituency may withdraw his or
her nomin ation 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.
(3)…. [Subsection repealed byAct 17 of 2007 ] (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 cand i-
date 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 -eig ht and shall notify the Chief
Elections Officer accordingly, whereupon the Chief Elections Officer shall cause to be published in the Gazette

40
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 p a-
ragraph and sh all 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. [Section amended byAct 17 of 2007 ] (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 re a-
sonably practicable to ensure tha t—
(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. [Section amended byAct 17 of 2007 ] 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 const ituency 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 electi on 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. [Section amended byAct 17 of 2007 ] PART XIII
PREPARATION FOR AND VOTING ATPOLL
51 Polling stations
(1)Subject to this se ction, a constituency elections officer shall establish, at such convenient places as he or
she may determine, as many polling stations as he or she may consider to be necessary for the purposes of conv e-
niently taking a poll of the voters of his or her con stituency:
Provided that —
(i) the constituency elections officer shall establish a sufficient number of polling stations in each ward of
his or her constituency;
(ii) the Commission shall receive from political parties contesting the election concerned a ny represent a-
tions on the issue of the location of polling stations in any constituency, and may give directions on this
matter to any constituency elections officer on the basis of such representations. [Subsection substituted byAct 17 of 2007 ] (1a)Eve ry polling station shall be located in a place that is readily accessible to the public, including persons
with physical disabilities. [Subsection inserted byAct 17 of 2007 ] (1b)No polling station shall be located —
(a) in premises owned or occupied by a political party or candidate or
(b) in a police station, barracks, cantonment area or other place where police officers or members of the
Defence Forces are permanently stationed; or
(c) in premises licensed under the Liquor Act [Chapter 14:12 ); or
(d) at or in any place which, for any reason, may give rise to reasonable apprehension on the part of voters
as to the secrecy of their votes or the integrity of the electoral process. [Subsection inserted byAct 17 of 2007 ] (2)A polling station may, in ad dition to the polling stations established within the boundaries of the constit u-
ency concerned, be established in terms of subsection (1)at a place which is outside the boundaries of the const i-
tuency concerned:
Provided that no polling station shall be es tablished as a polling station for more than one constituency.
(3)A constituency elections officer shall cause a notice of —
(a) the places at which polling stations are to be established; and

41
(b) the hours during which the polling stations will be open;
to be published at least three weeks before polling day and again on polling day, in a newspaper circulating in the
constituency concerned and in such other manner as he or she thinks fit. [Subsection amended byAct 17 of 2007 ] 52 Provision of requis ites and officers for purpose of poll
(1)For any election the constituency elections officer shall arrange for the obtaining of voting compartments
and ballot boxes and shall provide papers, including ballot papers, instruments for marking ballot papers with the
official mark, seals and other necessary things and shall do such other acts and things and make such arrang e-
ments to facilitate the taking of the poll as he or she may consider advisable for effectively conducting the ele c-
tion, and the expenditur e incurred upon all such acts and things shall be charged upon and paid out of the funds of
the Commission, or, to the extent of any insufficiency of the funds of the Commission for this purpose, the Co n-
solidated Revenue Fund.
(1a)Where two or more elect ions are to be held concurrently in a constituency, the constituency elections o f-
ficer shall ensure that separate ballot boxes are provided for each such election . [Subsection inserted by Act 3 of 2012 ] (2)The constituency elections officer —
(a) shall a ppoint sufficient presiding officers and polling officers for the purposes of the poll; and
(b) may appoint a polling officer to act as presiding officer during such periods as the presiding officer is
absent from the polling station.
52A Publication of details re ballot papers
Th e Comm ission shall without delay provide the following information to all political parties and candidates
contesting an election, and to all observers —
(a) where and by whom the ballot papers for the election have been or are b eing printed; and
(b) the total number of ballot papers that have been printed for the election; and
(c) the number of ballot papers that have been distributed to each polling station and special polling sta tion. [Section inserted by Act 3 of 2012 ] 53 Hours polling stations to be open
(1)A polling station shall be open continuously from 7.00 a.m. to 7.00 p.m. on a polling day:
Provided that if for good cause the constituency elections officer determines that it is not possible to open a
polling statio n at 7.00 a.m., he or she shall fix such later opening time as will enable him or her to keep the polling
station open for at least twelve hours continuously on a polling day.
(2)For the purpose of fixing the hours in terms of subsection (1), the constit uency elections officer may d e-
signate some polling stations as urban stations and others as rural stations and may fix different hours for each
such station.
(3)The presiding officer shall permit every voter who, at the time fixed in terms of this sectio n for the clo s-
ing of the polling station concerned, is in the queue of persons waiting to cast their votes, to record his or her vote
before closing the polling station.
54 The ballot box
(1)Not more than thirty minutes before the commencement of the poll at any polling station, or before the
commencement of the poll on the first polling day where voting is to take place over two or more days, the presi d-
ing officer shall —
(a) satisfy himself or herself that the ballot box to be used at the polling sta tion is empty; and
(b) show the interior of the empty ballot box to such persons entitled in terms of paragraph (b)of subsection
(1)of section fifty -five to attend at the polling station as are present; and
(c) immediately thereafter close and seal the ballot box in accordance with instructions issued by the Co m-
mission.
(2)If for any reason it becomes necessary at any time during the polling period to use an additional ballot
box at any polling station, subsection (1)shall apply, with any changes tha t may be necessary, before that ballot
box is so used.
(3)A ballot box closed and sealed as provided in subsection (1)or (2)shall not be opened and the seal shall
not be broken except in accordance with section sixty -two .
(4)The presiding officer at a polling station shall —
(a) at the close of the poll, or at the close of the poll on each polling day, as the case may be, close and seal
the aperture in the ballot box used at the polling station; and
(b) break the seal and open the aperture only for t he purpose of counting the votes, or at the commencement
of the poll on the next succeeding polling day, as the case may be;
in accordance with instructions issued by the Commission and in the presence of such persons entitled in terms of
paragraph (b)of subsection (2)of section fifty -five to attend at the polling station as are present.

42
(5)The ballot box used in or at a polling station shall be placed in a position where it can be seen by the pr e-
siding officer or a polling officer designated by him or her at all times during the continuance of the poll.
(6)The presiding officer shall be responsible for the safe -keeping of any ballot box used at his or her polling
station until it is delivered to the appropriate constituency elections officer.
54A Reco rding of ballot papers before polling
Subject to section 84, before the commencement of the poll at any polling station, or before the commenc e-
ment of the poll on the first polling day where voting is to take place over two or more days, the presiding offi cer
shall, in the presence of such persons entitled in terms of section 55 (2)(b)to be within the polling station as are
present, count and record the total number of ballot papers received at the polling station. [Section inserted byAct 17 of 2007 ] 55 Co nduct of poll
(1)….. [Subsection repealed byAct 17 of 2007 ] (2)Subject to subsection (7), the presiding officer and other officers at the polling station shall —
(a) keep order thereat and regulate the number of voters to be admitted at a time; and
(b) exclude all persons other than —
(i) electoral officers present for the performance of their official duties; and
(ii) the candidates; and
(iii) the number of election agents permitted in terms of subsection (2a); and
(iiia ) police officers on duty; and
(iv) accredited observers; and
(v) persons who are recording their votes; and
(vi) such other classes of persons as may be prescribed. [Subsection substituted byAct 17 of 2007 and amended by Act 3 of 2012 ] (2a)Subject to section 95 (5)(which empowers the Commission to prescribe that only one election agent
representing each political party may be appointed during concurrent elections ), each candidate in an election
shall be entitled to have one election agent present in the polling station whi le polling is taking place, and another
such agent outside the polling station to act as a substitute for the first -mentioned agent if for any reason the first –
mentioned agent leaves the polling station. [[Subsection inserted by Act 3 of 2012 ] (3)Save as is provided in subsection (2), the presiding officer may require any person, other than a person
actually recording his or her vote, to leave the polling station and —
(a) any person who fails to leave the polling station when so required may be arrested on the order of the
presiding officer and shall be guilty of an offence and liable to a fine not exceeding level four or to i m-
prisonment for a period not exceeding three months or to both such fine and such imprisonment;
(b) any person empowered by law to make arrests shall carry out an order of the presiding officer in terms
of paragraph (a).
(4)The powers conferred by subsections (2)and (3)shall not be exercised so as to prevent any voter who is
entitled to vote at a polling station from having an op portunity of voting at that polling station.
(5)For the purpose of keeping order at a polling station and the area surrounding it, every electoral officer at
the polling station shall have the powers of, a peace officer under the Criminal Procedure and E vidence Act
[Chapter 9:07 ]. [Subsection substituted byAct 17 of 2007 ] (6)A presiding officer may call upon a police officer for assistance in keeping order at the polling station and
the area surrounding it, and every police officer so called upon shall provide whatever assistance is needed. [Subsection inserted byAct 17 of 2007 ] (7)The Commissioner -General of Police shall ensure that sufficient numbers of police officers are available
in the immediate vicinity of each polling station to provide immed iate assistance if called upon in terms of subse c-
tion (6). [Subsection inserted byAct 17 of 2007 and amended by Act 3 of 2012 ] (7a)Police officers referred to in subsection (7)—
(a) shall have the sole functions of maintaining order and preventing contraventions of the law so that vo t-
ers may freely cast their votes;
(b) shall not interf ere with the electoral processes at apolling station;
(c) when inside a polling station, shall exercise their duties under the direction and instruction of the pre sid-
ing officer. [Subsection inserted by Act 3 of 2012 ] (8)The presiding officer shall record in detail every incident in which order at the polling station and the area
surrounding it was disrupted and, in particular, every occasion in which a person was expelled or required to leave
the polling station or its surrounding area in terms of this section. [Subsection inserted byAct 17 of 2007 ]

43
56 Entitlement to vote, number of votes and identification of voters
(1)At an election held for the purpose of el ecting the President, members of Parliament and councillors —
(a) every voter registered on a ward voters roll shall be entitled to vote in the ward concerned for a Pres i-
dential candidate, the Parliamentary candidates who have been duly nominated for the s enatorial and
House of Assembly constituencies in which that ward is situated, and a candidate for the office of cou n-
cillor standing in that ward:
Provided that if the name of any voter does not appear on the ward voters roll, he or she shall be
entitle d to vote upon production to the presiding officer of a voters registration certificate issued to him
or her;
(b) a voter shall not be entitled to vote otherwise than at a polling station located in a ward for which he or
she is registered as a voter on t he ward voters roll;
(c) subject to sections 57 and 58, a voter shall not be entitled to vote more than once for a Presidential ca n-
didate or a candidate who has been duly nominated for the constituency o r ward referred to in par a-
graph (a).
(2)The presiding officer may put to an applicant for a ballot paper such questions as he or she considers n e-
cessary to ascertain whether or not the applicant is registered as a voter on the voters roll for the ward.
(3)Unless otherwise directed by the Commissio n, the presiding officer shall require applicant for a ballot p a-
per to produce his or her voters registration certificate or proof of identity, and if —
(a) the applicant is registered as a voter on the voters roll for the ward; and
(b) there is no indica tion that the applicant has previously received a ballot paper or postal ballot paper for
the election;
the presiding officer shall mark or otherwise deal with that certificate or proof of identity in a manner directed by
the Chief Elections Officer and sh all hand the applicant a ballot paper.
(4)A presiding officer, if so directed by the Commission —
(a) before handing an applicant a ballot paper in terms of subsection (3), shall require the applicant to su b-
mit to an examination specified by the Chief El ections Officer to ascertain whether or not he or she has
previously received a ballot paper at that election, and if the applicant refuses to submit to such exam i-
nation or if such examination shows that the applicant has previously received such a ballot paper, the
presiding officer shall not hand him or her a ballot paper;
(b) after handing an applicant a ballot paper in terms of subsection (3), shall mark him or her in the manner
specified by the Commission. [Section substituted byAct 17 of 2007 ] 57 Ma nner of voting
The voting at an election shall be by ballot which shall be conducted in substance and as nearly as possible in
the following manner —
(a) every ballot paper shall be in the form prescribed and there shall be printed on every ballot paper —
(i) in type of equal size, the names of all the duly nominated candidates at the election in alphabet i-
cal order of surnames; and
(ii) the symbols, if any, specified by the duly nominated candidates at the election in terms of par a-
graph (b)of subsection (1)of section forty -six , each printed to a size that permits the vertical e x-
tremities or the horizontal extremities or both such extremities to touch opposite sides of the a p-
propriate square on the ballot paper; and
(iii) in capital letters of equal size, the abbreviation of every political party for which a duly nom i-
nated candidate at the election is standing or which is sponsoring such a candidate, where the
candidate concerned specified the abbreviation in his or her nomination paper in terms of par a-
gra ph (c)of subsection (1)of section forty -six ; and
(iv) a passport -sized photograph of the candidate; and [Subparagraph amended byAct 17 of 2007 ] (v) such other particulars as may be prescribed;
(b) before the ballot paper is handed to the applicant, the presiding officer shall mark the ballot paper with
the official mark;
(c) when the person claiming the vote has received the ballot paper he or she shall —
(i) take the paper to the compartment provided for the purpose; and
(ii) then signify the cand idate for whom he or she desires to vote by secretly placing a cross in the
rectangle opposite the name of that candidate or, if there is more than one such rectangle, in the
rectangle nearest to the right -hand side of the ballot paper; and
(iii) then fol d the ballot paper so that the official mark is visible and the names of the candidates and
the cross made by him or her are not visible and, having held up the ballot paper so that the pr e-
siding officer can recognise the official mark, drop the ballot pap er in the ballot box placed in
front of the presiding officer:

44
Provided that, if he or she has spoilt the ballot paper, he or she may return it to the presi d-
ing officer in terms of section fifty -eight and shall deal with the second ballot paper given to him
or her in accordance with this paragraph.
58 Spoilt ballot papers
If a voter inadvertently spoils a ballot paper, he or she may return it to the presiding officer who shall, if sati s-
fied of the inadvertence, give the voter another ballot paper and ret ain the spoilt paper, and the spoilt paper shall
be immediately cancelled and the fact of the cancellation shall be noted upon the counterfoil.
59 Voting by illiterate or physically handicapped voters
(1)Upon request by a voter who is illiterate or physically handicapped and cannot vote in the way set out in
section 57, a presiding officer shall —
(a) permit another person, selected by the voter, to assist the voter in exercising his or her vote; or
(b) in the absence of a person selected by the voter, assist the voter in exercising his or her vote in the pre s-
ence of two other electoral officers or employees of the Commission and a police officer on duty.
(2)A person permitted to assist a voter in terms of subsection (1)(a)—
(a) need not be a registered voter but shall not be a minor, electoral officer, accredited observer, chief ele c-
tion agent, election agent or a candidate in the election; and
(b) shall identify himself or herself to the presiding o fficer by producing proof of identity, and shall co m-
plete and sign the register referred to in subsection (3); and
(c) shall not be permitted to assist more than one voter in any election.
(3)For the purposes of subsection (2)(b), every presiding offic er shall keep a special register in which shall
be recorded the name of every person whom the presiding officer permits to assist a voter in terms of subsection
(1)(a), relevant particulars of the proof of identity produced by that person, and the name of the voter assisted by
that person.
(4)A presiding officer permitted to assist a voter in terms of subsection (1)(b), together with the other pe r-
sons there mentioned, shall there and then mark the ballot paper in accordance with the voter’s wishes and pla ce
the ballot paper in the ballot box, and if the wishes of the voter as to the manner in which the vote is to be marked
on the ballot paper are not sufficiently clear to enable the vote to be so marked, the presiding officer may cause
such questions to be put to the voter as in his or her opinion, are necessary to clarify the voter’s intentions.
(5)No person other than —
(a) the person selected by the voter in terms of subsection (1)(a)shall take part in assisting an illiterate or
physically handicapped voter, and no person who is entitled to be in a polling station shall attempt to a s-
certain how the voter is voting:
Provided that, in the case of a voter who is visually impaired, the presiding officer shall observe
the casting of the vote in order to ensure that the voter’s intention is respected by the person assisting
him or her;
or
(b) the presiding officer selected by the voter in terms of subsection (1)(b)and the persons ther e mentioned
shall assist an illiterate or physically handicapped voter.
(6)The presiding officer shall cause the name of every voter who has been assisted in terms of subsection
(1)(a)or (b), and the reason why that voter has been assisted, to be entere d on a list . [Section substituted by Act 3 of 2012 ] 60 …. [Section repealed by Act 3 of 2012 ] 61 Procedure at close of poll
The presiding officer shall, immediately after the close of the poll, in the presence of such candidates and
their chief election agents or election agents as are present —
(a) close and seal the aperture in the ballot box; and [Paragraph substituted byAct 17 of 2007 ] (b) make up into separate packets sealed with his or her own seal and with the seals of those candidates and
elect ion agents, if any, who desire to affix their seals —
(i) the unused and spoilt ballot papers and counterfoils of the unused ballot papers placed together;
(ii) the counterfoils of the used ballot papers, including the counterfoils of the spoilt ballot papers;
(iii) the list of votes marked by the presiding officer in terms of sections fifty -nine and sixty .
62 Procedure after sealing of ballot boxes
(1)The presiding officer shall, as soon as the last packet is sealed in terms of paragraph (b)of secti on sixty –
one , open and unseal the ballot boxes and count the votes.
(2)At the counting of the votes the following persons and no others may be present —
(a) the presiding officer and such polling officers as he or she may consider necessary and not more than the
prescribed number of monitors and observers; and

45
(b) the candidates and one chief election agent or election agent for each candidate:
Provided that a candidate or his or her chief election agent or election agent may not be present at
the cou nting of the votes at an election for which that candidate was not nominated.
(2a)For the avoidance of doubt it is declared that the proviso to subsection (2)does not prevent a candidate
or his or her chief election agent or election agent from being pr esent at the counting of the votes for a Presidential
election or general election of members of Parliament or councillors which takes place concurrently with the ele c-
tion for which he or she was nominated, so long as the counting of the votes for the elec tions in question are held
concurrently at the polling station concerned. [Subsection inserted byAct 17 of 2007 ] (3)At the time for the counting of the votes referred to in subsection (1)and in the presence of such persons
referred to in paragraph (a)of subsection (2)and candidates and their chief election agents or election agents as
are present, the presiding officer shall adopt the following procedure in relation to each ballot box and the sealed
packets in his or her custody —
(a) he or she shall open the ballot box;
(b) he or she shall then open each sealed packet containing the unused and spoilt ballot papers and the list of
votes marked by the presiding officer.
63 Counting and rejection of votes
(1)At the time notified by the presiding officer the votes shall be counted in the manner provided by this se c-
tion.
(2)The ballot papers in each ballot box shall be counted separately. [Subsection amended byAct 17 of 2007 ] (3)Subject to subsections (4)and (5), the presiding officer shall re ject and not count any ballot paper —
(a) which does not bear his or her official mark; or
(b) which is not marked by the voter; or
(c) which does not indicate with certainty the candidate for whom the voter intended to vote.
(4)At the counting of the votes the presiding officer shall not reject any ballot paper where the voter has i n-
dicated with certainty the candidate for whom he or she intended to vote merely by reason of the fact that the vo t-
er has so indicated otherwise than by means of a cross.
(5)If the aggregate of the ballot papers which do not bear the official mark of the presiding officer —
(a) does not exceed five per centum of the votes cast at that polling station; and
(b) together with all the other ballot papers referred to in subsec tion (2)does not exceed the total number of
ballot papers issued by the presiding officer for that polling station;
the presiding officer shall not reject any ballot paper merely by reason of the fact that it does not bear his or her
official mark.
(6)Where the presiding officer would be required by subsection (5)to reject the ballot papers there me n-
tioned for the sole reason that they exceed five per centum of the votes cast at that polling station, he or she shall
afford all the election agents at the polling station a reasonable opportunity to agree not to reject them, and if there
is no such agreement, every ballot paper that does not bear his or her official mark shall be rejected.
(7)If the presiding officer —
(a) in terms of this section rejects as invalid a ballot paper, he or she shall endorse “Rejected” on the ballot
paper and shall add to the endorsement “Rejection Objected To” if an objection to his or her decision is
made by a candidate or his or her chief election agent or election agent, and all such ballot papers shall
be placed together in an envelope within the packet containing the rejected ballot papers;
(b) accepts as valid a ballot paper, he or she shall endorse “Acceptance Objected To” on the ballot paper if
an objection to his or her decision is made by a candidate or his or her chief election agent or election
agent, and all such ballot papers shall be placed together in an envelope within the packet containing the
accepted ballot papers.
64 Procedure after counting at polling st ation
(1)After the counting is completed the presiding officer shall without delay, in the presence of such cand i-
dates and their election agents as are present —
(a) close and seal the aperture in the ballot box; and
(b) make up into separate packets sealed with his or her own seal and with the seals of those candidates and
election agents, if any, who desire to affix their seals —
(i) the unused and spoilt ballot papers and counterfoils of the unused ballot papers placed together;
(ii) the counterfoi ls of the used ballot papers, including the counterfoils of the spoilt ballot papers;
(iii) the list of votes marked by the presiding officer;
and
(c) record on the polling -station return the votes obtained by each candidate and the number of rejected bal-
lot papers in such a manner that the results of the count for each ballot box are shown on the return; and

46
(d) display the completed polling -station return to those present and afford each candidate or his or her po l-
ling agent the opportunity to subscr ibe their signatures thereto; and
(d1) provide each candidate or his or her polling agent with a copy of the completed polling -station return;
and [Paragraph inserted by Act 3 of 2012 ] (e) affix a copy of the polling -station return on the outside of the polling station so that it is visible to the
public.
(2)Immediately after affixing a polling station return on the outside of the polling station in terms of subse c-
tion (1)(e), the presiding officer shall personally transmit to the constituency election s officer for the constituency
to which the polling station belongs —
(a) the ballot box and packets referred to in subsection (1)(a)and (b), accompanied by a statement made by
the presiding officer showing the number of ballot papers entrusted to him or her and accounting for
them under the heads of used ballot papers, excluding spoilt ballot papers, unused ballot papers and
spoilt ballot papers; and
(b) the polling -station return certified by himself or herself to be correct:
Provided that if, by reason of death, injury or illness, the presiding officer is unable personally to transmit the
ballot box, packets, statement and polling station return under this subsection, a polling officer who was on duty at
the polling station shall personally transmit the se, and in that event any statement or certification required to be
made by the presiding officer for the purposes of this section may be made by that polling officer. [Section substituted byAct 17 of 2007 ] 65 Procedure on receipt of polling -station returns
(1)Subject to subsection (6), the constituency elections officer shall give reasonable notice in writing to each
candidate or his or her chief election agent of the time and place where the constituency elections officer will ver i-
fy and collate a ll the polling -station returns. [Subsection amended byAct 17 of 2007 ] (2)At the time and place notified for the verification and collation of the polling -station returns referred to in
subsection (1)and in the presence of such candidates, their chief e lection agents, monitors and observers as are
present, the constituency elections officer shall display each polling -station return to those present and shall, on
request, allow a candidate or chief election agent of a candidate to make notes of the conten ts of each polling –
station return.
(3)When the constituency elections officer has —
(a) completed the verification of the polling -station returns under subsection (2); and
(b) verified the postal ballot papers as provided in Part XIV;
the constituency e lections officer shall, in the presence of such persons referred to in subsection (2)as are
present —
(i) add together the number of votes received by each candidate as shown in each polling -station
return; and
(ii) unseal the postal ballot box and coun t the ballot papers contained therein.
(4)Section sixty -three shall apply, with such changes as may be necessary, to the counting of the postal ba l-
lots under subparagraph (ii)of subsection (3).
(5)As soon as possible after the polling -station returns have been collated and the postal ballots have been
counted, the constituency elections officer shall —
(a) close and seal the aperture in the postal ballot box; and
(b) enclose in two separate sealed packets the polling -station returns and the counted an d rejected postal
ballot papers; and
(c) record on a constituency return the results of the collation of polling -station returns, w ith distinct entries
recording the counting of the postal ballots and special votes; and
(d) provide each candidate and hi s or her election agent with a copy of the completed constituency return;
and
(e) affix a copy of the completed constituency return on the outside of the constituency centre so that it is
visible to the public. [Subsection amended by Act 3 of 2012 ] (5a)Immediately after affixing a constituency return on the outside of the constituency centre, the constit u-
ency elections officer shall cause the completed constituency return, certified by himself or herself to be correct,
to be transmitted through the appr opriate provincial centre to the National Command Centre in the manner spec i-
fied in section 37C (4). [Subsection inserted by Act 3 of 2012 ] (6)Upon receipt of a polling -station return relating to a senatorial constituency, a constituency elections o f-
ficer shall transmit that return personally, or through another electoral officer —

47
(a) to the constituency elections officer who is designated as the senatorial constituency elections officer in
terms of section 17 (3)(a); or
(b) to the person appointed as the senatorial constituency elections officer in terms of section 17 (3)(b);
as the case may be, and this section shall apply to the verification and collation of those returns by the senatorial
constituency elections officer as if references to the “constituency elections officer” were references to the “sen a-
torial constituency elections officer”. [Subsection inserted byAct 17 of 2007 ] 65A Provision of copies of polling -station returns and constituency returns
(1)A presiding officer of a polling s tation shall forthwith provide every political party and candidate that
contested the election with a copy of the polling -station return he or she transmitted to the constituency elections
officer in terms of section 64 (2).
(2)A constituency elections of ficer shall forthwith provide a copy of —
(a) every polling -station return transmitted to him or her in terms of section 64 (2); and
(b) the constituency return which he or she transmitted to the National Com mand Centre in terms of se c-
tion 65(5a);
to ever y political party and candidate that contested the election concerned.
(3)The Chief Elections Officer shall forthwith provide every political party and candidate that contested the
election concerned with a copy of every constituency return transmitted t o the National Command Cent re in terms
of section 65 (5a). [Section inserted by Act 3 of 2012 ] 66 Determination and declaration of result of poll
(1)Subject to subsection (2), after the number of votes received by each candidate as shown in each polling –
station return has been added together in terms of subparagraph (i)of subsection (3)of section sixty -five and the
resulting figure added to the number of postal votes receive d by each candidate, the constituency elections officer
shall forthwith declare the candidate who has received —
(a) where there are two candidates, the greater number of votes;
(b) where there are more than two candidates, the greatest number of votes;
to be duly elected as a member of Parliament with effect from the day of such declaration.
(2)When an equality of votes is found to exist between two or more candidates and the addition of one vote
would entitle any of the candidates to be declared electe d, the constituency elections officer shall at once comm u-
nicate the fact to the Chief Elections Officer who shall, as soon as possible thereafter, arrange for the determin a-
tion of the candidate to whom such one additional vote shall be deemed to have been given by the drawing of lots
by the Chief Elections Officer in the presence of a judge of the Electoral Court, and shall thereafter declare the
candidate so determined to be duly elected as a member of Parliament with effect from the day of such declar a-
tio n.
(3)At any determination in terms of subsection (2), in addition to the judge and the Chief Elections Officer,
the following persons and no others may be present —
(a) the candidates who have received an equality of votes; and
(b) one chief election a gent for each candidate referred to in paragraph (a)who is not himself or herself able
to be present.
(4)A declaration by the constituency elections officer or the Chief Elections Officer under this section shall
be final, subject to reversal on petitio n to the Electoral Court that such declaration be set aside or to the procee d-
ings relating to that election being declared void under subsection (1)of section fifty .
66A Purported publication of results prior to official announcement
(1)No person other than an electoral officer, acting in accordance with this Act, may officially declare and
announce the results of an election.
(2)No office -bearer or member of a political party shall purport to declare and announce the results of any
election before it has been declared officially by an electoral officer.
(3)A person who —
(a) not being an electoral officer acting in accordance with this Act, purports to announce the results of any
election as the true or official results before they have been declared officially by an electoral officer; or
(b) being an office -bearer or member of a political party, contravenes subsection (2);
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not e x-
ceeding six m onths or to both such fine and such imprisonment . [Section inserted by Act 3 of 2012 ] 67 Notification of result of election
(1)As soon as the constituency elections officer has declared a candidate to be duly elected, he or she shall,
without delay, noti fy the Chief Elections Officer, by telegram, telefacsimile, electronic mail or such other means
as may be prescribed, of , the names of the person declared duly elected, the day with effect from which he or she

48
was declared elected, the number of votes rece ived by the respective candidates and the number of rejected ballot
papers. [Subsection amended by Act 3 of 2012 ] (2)The information referred to in subsection (1)shall be confirmed by notice in writing which is signed by
the constituency elections offic er and sent to the Chief Elections Officer by the first postal delivery after he or she
was notified of the information in terms of subsection (1). [Subsection amended by Act 3 of 2012 ] (3)The Chief Elections Officer shall without delay transmit to the C lerk to Parliament the information r e-
ferred to in subsection (1).
67A Recounting of votes
(1)Within forty -eight hours after a constituency elections officer has declared a candidate to be duly elected
in terms of section 66 (1), any political party or candidate that contested the election in the ward or constituency
concerned may request the Commission to conduct a recount of votes in one or more of the polling stations in the
ward or constituency.
(2)A request in terms of subsection (1)shall —
(a) be in writing, signed by an appropriate representative of the political party or candidate making the r e-
quest; and
(b) state specifically the number of votes believed to have been miscounted and, if possible, how the mi s-
count may have occurred; and
(c) state how the results of the election have been affected by the alleged miscount.
(3)On receipt of a request in terms of subsection (1), the Commission shall —
(a) immediately notify all the other political parties and candidates that contested the electio n of the nature
of the request and of the date and time on which it was received by the Commission; and
(b) order a recount of votes in the polling stations concerned if the Commission considers there are reason a-
ble grounds for believing that the alleged miscount of votes occurred and that, if it did occur, it would
have affected the result of the election. [Subsection substituted by Act 3 of 2012 ] (4)The Commission may on its own initiative order a recount of votes in any polling stations if it conside rs
there are reasonable grounds for believing that the votes were miscounted and that, if they were, the miscount
would have affected the result of the election.
(5)Where the Commission orders a recount of votes in terms of this section, the Commission s hall specify —
(a) the polling stations whose votes are to be recounted and, where appropriates the votes that are to be r e-
counted; and
(b) the date on which, and the place and time at which the recount is to take place; and
(c) the procedure to be adopt ed for the recount;
and shall take all necessary steps to inform accredited observers and all political parties and candidates that co n-
tested the election of its decision and of the date, time and place of the recount.
(6)Accredited observers and represe ntatives of candidates and political parties that contested the election
shall be entitled to be present at any recount ordered in terms of this section.
(6a)The Commission shall ensure that any recount of votes in terms of this section is completed within five
days after the announcement of the la st result in the Presidential, s enatorial, House of Assembly or local a uthority
election, as the case may be, and that the result of the recount is announced within twenty -four hours of its com-
pletion:
Provided that the Electoral Court, on application, may for good cause extend either of the periods referred to
in this subsection. [Subsection inserted by Act 3 of 2012 ] (7)The Commission’s decision on whether or not to order a recount and, if it orders one, the extent of the r e-
count, shall not be subject to appeal. [Section inserted byAct 17 of 2007 ] 68 Chief Elections Officer to cause names of candidates elected to be published
As soon as the names of the persons declared duly elected for the several constituencies have been received
by the Chief Elections Officer, he or she shall cause a notice to be published in the Gazette giving the full names
of the members retu rned, together with the constituencies which they severally represent and the days with effect
from which they were so elected.
69 ….. [Section repealed byAct 17 of 2007 ] 70 Custody and disposal of ballot and other papers
(1)A constituency elections off icer shall not open any —
(a) closed and sealed ballot box or sealed packet that has been delivered to him or her in terms of subsection
(1)of section 64 (1)(a)and (b); or

49
[Paragraph amended byAct 17 of 2007 ] (b) sealed packet containing documents refer red to in subsection (1)or (2)of section eighty ; or
(c) closed and sealed postal ballot box or sealed packet referred to in subsection (1)of section 64 (1)(a)and
(b);
while such ballot boxes and packets remain in his or her custody. [Paragraph (b)amended byAct 17 of 2007 ] (2)As soon as may be after the constituency elections officer has sealed or received into his or her custody
all the ballot boxes and packets referred to in subsection (1), he or she shall transmit them to the places designated
by the Chief Elections Officer and shall endorse on each packet a description of its contents and the date of the
election to which it relates. [Subsection amended byAct 17 of 2007 ] (3)The Chief Elections Officer shall —
(a) unless an electio n petition is lodged in relation to the ward or constituency concerned, cause to be d e-
stroyed all the documents referred to in subsection (1)relating to that constituency not earlier than the
fourteenth day after the end of the election period;
(b) if an election petition is lodged in relation to any ward or constituency within fourteen days after the end
of the election period to which the election relates, retain for six months all the documents referred to in
subsection (1)relating to that ward or con stituency and then, unless otherwise directed by an order of
the Electoral Court, shall cause them to be destroyed. [Subsection substituted byAct 17 of 2007 ] (4)No person shall open any packet referred to in subsection (1)or permit any such packet to b e opened, e x-
cept in terms of an order of the Electoral Court, which may be granted by the Electoral Court on its being satisfied
that the inspection or production of the contents of such packet is required for the purpose of instituting or mai n-
taining a pr osecution for an offence in relation to an election or return or for the purpose of a petition questioning
an election or return.
(5)An order of the Electoral Court referred to in subsection (4)may be made subject to such conditions as
the Electoral Court may think fit to impose:
Provided that an order which authorises the opening of any sealed packet containing counterfoils or counted
ballot papers shall be made subject to such conditions as are necessary to ensure that the way in which any parti c-
ula r voter has voted shall not be discovered until it is proved that he or she has voted and his or her vote has been
declared by the Electoral Court to be invalid.
(6)Every person who carries into effect any order of the Electoral Court referred to in subs ection (4)which
authorises the opening of any sealed packet containing counterfoils shall take care to ensure that the way in which
any particular voter has voted shall not be discovered until it is proved that he or she has voted and his or her vote
has been declared by the Electoral Court to be invalid.
(7)Where an order is made for the production by the Chief Elections Officer of any document in his or her
possession relating to a specified election, the production by him or her of the document ordere d, in such manner
as may be directed by such order or by a rule of court, shall be conclusive evidence that such document relates to
the specified election, and any endorsement appearing on a packet of ballot papers produced by the Chief Ele c-
tions Officer shall be evidence of such papers being what they are stated to be by the endorsement.
(8)Any power given to the Electoral Court by this section may be exercised by a judge of the Electoral Court
in chambers.
PART XIV
POSTAL VOTING
[Part XIV (sections 71 –80)substituted by Act 3 of 2012 ] 71 Interpretation in Part XIV
The reference in section 73 (2)(b)(ii)to a “le tter” includes a reference to a letter sent by way of electronic
mail, under the following conditions —
(a) the sender (that is, the person referred to in 73 (2)(b)(ii)(A)or (B)and recipient (that is, the applicant for
a postal vote )must both use official electronic mail addresses; and
(b) the electronic mail sent by sender must be authenticated by the electronic signature of the sender; and
(c) the electronic mail must be embodied in a hard copy printed by the recipient, which copy shall be the
“letter” referred to in 73 (2)(b)(ii).
72 Persons who may vote by post
Where an election is to be held in a constituency, a person who is registered as a voter on the roll for that co n-
stituency shall be entitled to vote by post in terms of this Part if, on all polling days in the election, he or she will
be outside Zimbabwe —
(a) on duty in the service of the Government; or

50
(b) as the spou se of a person referred to in paragraph (a);
and so unable to vote at a polling station in the constituency.
73 Application for postal vote
(1)A person who wishes to vote by post may apply to the Chief Elections Officer for a postal ballot paper.
(2)An application for a postal ballot paper shall be —
(a) in the prescribed form; and
(b) signed by the applicant and accompanied by —
(i) a certified copy of the voter’s national registration certificate; and
(ii) a letter from —
A. the applicant’s head of Ministry, head of department or head of station; or
B. the head of Zimbabwe’s Embassy or diplomatic or consular mission in the foreign State
where the applicant is employed;
stating the capacity in which the applicant is employed by the Government a nd where the applicant will
be employed on polling day or polling days, as the case may be, in the election; and
(c) sent to the Chief Elections Officer by means of a commercial courier service or by diplomatic courier, or
delivered by hand to the Chief E lections Officer (in which event written proof of delivery shall be r e-
quired )not later than noon on the fourteenth day after nomination day in the election.
(3)Where more than one election is to be held concurrently in any constituency, a single application form
may be used by applicants who apply for postal ballot papers in all those elections.
(4)The Commission shall ensure that application forms for postal ballot papers are available at all Embassies
and diplomatic or consular missions of Zim babwe located in foreign countries.
(5)The Chief Elections Officer shall number in consecutive order of their receipt all applications for postal
ballot papers received by him or her, and shall permit them to be inspected by members of the public, free o f
charge, until the declaration of the result of the poll, when they shall be dealt with in terms of section 70 (3).
74 Issue of postal ballot papers
(1)If the Commission is satisfied, in regard to an application received not later than noon on the fourte enth
day after nomination day in the election, that the applicant is entitled to a postal vote, the Chief Elections Officer
shall issue a postal ballot paper to the applicant by placing in an envelope addressed to the applicant —
(a) the postal ballot pape r; and
(b) a covering envelope addressed to Chief Elections Officer; and
(c) a smaller envelope marked “Ballot Paper Envelope” on the back of which shall be written the name of
the voter, his or her voter registration number and the constituency and wa rd in which he or she is regi s-
tered;
(d) an unmarked envelope to be used in accordance with section 75(1)( b).
(2)Where more than one election is to be held concurrently in a constituency, the Chief Elections Officer
may enclose in a single envelope all the postal ballot papers for which the applicant has applied together with the
app ropriate number of smaller e nvelopes referred to in subsection (1)(c)and ( d).
(3)The Chief Elections Officer shall then effectively close the envelope addressed to the applicant and deli v-
er it to —
(a) the nearest post office for registration and dispatch to the applicant by registered post; or
(b) a commercial courier service for delivery to the applicant; or
(c) the Ministry of Foreign Affairs for delivery to the a pplicant by diplomatic courier;
and the Chief Elections Officer shall keep the receipt for such registration or a receipt provided by the commercial
courier service or Ministry of Foreign Affairs, as the case may be.
(4)The Chief Elections Officer shall keep a list of all postal ballot papers issued, which list shall contain the
following details of every person to whom such a ballot paper has been issued —
(a) the person’s name and address; and
(b) the person’s voter registration number; and
(c) the constituency and ward in which the person is registered;
and shall permit the list to be inspected by members of the public, free of charge, until the declaration of the result
of the poll, when it shall be dealt with in terms of section 70 (3).
(5)The Chief Elections Officer shall ensure that the voters roll supplied to each constituency centre in terms
of section 76 for the purposes of the election has a line drawn through every voter in the constituency who has
been issued with a postal ballot paper, and shall inscribe opposite that person’s name the letters “P.V.”
75 Voting by post
(1)A person to whom a postal ballot has been sent shall —
(a) signify the candidate for whom he or she wishes to vote by secretly placing on the ballot paper a cross in
accordance with section 57 (c)(ii); and

51
(b) then place the marked ballot paper in the unmarked envelope referred to in section 74 (1)(d), effectively
close that envelope, and then place it in the envelope marked “Ballot Paper Envelope” and effectively
close that envelope; and
(c) then place the envelope marked “Ballot Paper Envelope” in the covering envelope addressed to the
Chief Elections Officer; a nd
(d) then dispatch the covering envelope by registered post or by a commercial courier service or diplomatic
courier so that it is received by the Chief Elections Officer not later than noon on the fourteenth day b e-
fore polling day or the first polling day, as the case may be, in the election.
(2)Where more than one election is being held concurrently in a co nstituency and the voter marks more than
one ballot paper, he or she shall —
(a) place each of the marked ballot papers in a separate unmarked env elope referred to in section 74 (1)(d);
then
(b) place each of the envelopes referred to in paragraph (a)in a separate envelope marke d “ Ballot Paper
Envelope; then
(c) place each of the envelopes referred to in paragraph (b)in a single covering envelope addressed to the
Chief Election Officer.
76 Distribution of postal ballots by Chief Elections Officer and ward elections officers
(1)Upon receipt of a covering envelope dispatched in terms of section 75, the Chief Elections Officer shall
open it and dispatch the enclosed ballot paper envelope, unopened, to the constituency elections officer for the
constituency indicated on the back of the envelope.
(2)Whenever the Chief Elections Officer sends a ward elections officer one or more ballot paper envelopes,
he or she shall send an accompanying note indicating the number of envelopes that are sent.
(3)The Chief Elections Officer shall keep a list of all covering envelopes received, showing —
(a) the date on which they were re ceived; and
(b) the names and voter registration numbers of the voters who sent them; and
(c) the constituencies to which the ballot paper envelopes were sent and the dates on which they were sent;
and shall permit the list to be inspected by members o f the public, free of charge, until the declaration of the result
of the poll, when it shall be dealt with in terms of section 70 (3).
(4)The Chief Elections Officer shall ensure that each constituency elections officer receives the ballot paper
envelopes sent to him or her at least seven days before the polling day or the first polling day, as the case may be,
in the election concerned.
(5)Upon receipt of the ballot paper envelopes dispatched in terms of subsection (4), the constituency ele c-
tions officer shall forthwith distribute each ballot paper envelope to the ward elections officer of the ward ind i-
cated on the back of the envelope, together with an accompanying note indicating the number of envelopes that
are sent.
(6)The constituency electi ons officer shall ensure that the appropriate ward elections officer receives the ba l-
lot paper envelopes sent to him or her at least two days before the polling day or the first polling day, as the case
may be, in the election concerned.
77 Postal ballot b oxes
(1)Every ward elections officer who receives any ballot paper envelopes dispatched to him or her in terms of
section 76 (5)shall provide a postal ballot box at the polling station for the reception of the ballot paper envelopes.
(2)The ward electi ons officer shall give to each candidate or his or her chief election agent reasonable notice
of the time, date and place at which he or she will seal the postal ballot box, which date shall be at least two days
before the polling day or first polling day, as the case may be, in the election.
(3)At the time and place notified, the ward elections officer shall show the postal ballot box open and empty
to such candidates and election agents and observers as are present and it shall then be sealed with the ward ele c-
tions officer’s seal and the seals of such candidates and agents as wish to affix their seals and shall be marked
“Postal Ballot Box”, and the ward elections officer shall make adequate provision for the safe custody of the ba l-
lot box.
(4)The wa rd elections officer shall immediately place in the postal ballot box, unopened, all the ballot paper
envelopes he or she receives from the constituency registrar in terms of section 76 (5).
78 Opening of postal ballot boxes
(1)After the close of the poll and before the time fixed for the counting of the votes, the ward elections offi c-
er shall, in the presence of such electoral officers, candidates, election agents and observers as are entitled to be
present —
(a) open the postal ballot box; and
(b) coun t and record the number of envelopes in the postal ballot box; and

52
(c) compare the number of envelopes in the postal ballot box with the number specified in the accompan y-
ing note or notes sent by the constituency registrar in terms of section 76 (5)and, if there is any discr e-
pancy between the numbers, inform the candidates, election agents and observers who are present.
(2)The ward elections officer shall then examine each ballot paper envelope and ensure that the name of the
voter written on the back o f the envelope is that of a voter registered on the voters roll of the constituency and
ward, and that the voter’s name has been marked in the manner specified in section 74 (5)as that of a voter to
whom a postal ballot paper has been issued.
(3)If the n ame of the voter written on the back of a ballot paper envelope —
(a) appears on the voters roll of the ward and is noted as that of a voter to whom a postal ballot paper has
been issued, the ward elections officer shall cause the envelope to be opened and the ballot paper therein
to be placed in a separate package, to be counted along with the votes cast at polling stations in the ele c-
tion concerned;
(b) does not appear on the voters roll of the ward or is not noted as that of a voter to whom a postal bal lot
paper has been issued, the ward elections officer shall endorse the envelope “vote rejected” and place
the envelope, unopened, in a separate package.
(4)The ward elections officer shall show to the candidates and their agents present every ballot pap er
envelope which he or she proposes to reject in terms of subsection (3)(b)and, if a candidate or an agent objects to
his or her decision, the ward elections officer shall add to the endorsement on the envelope t he words “rejection
objected to .
79 Safe -keeping of documents
The ward elections officer shall, immediately after the declaration of the result of the poll, seal in separate
packets or containers —
(a) all the postal ballot papers cast in the election; and
(b) unopened, all ballot paper envelopes which have been endorsed “vot e rejected” in terms of se c-
tion 78(3)(b); and
(c) unopened, all ballot paper envelopes which have been endorsed “vote rejected” but whose rejection has
been objec ted to as provided in section 78 (4).
80 Offences in r elation to postal votes
(1)A person who attempts to induce any other person to obtain a postal ballot paper with the intention of i n-
fluencing him or her by bribery or intimidation to record his or her vote in favour of a particular candidate shall be
gui lty 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 and, in addition to any such punishment, may, if he or she is co n-
victed of that offence by the High Court, be declared by the High Court to be disqualified from voting at any ele c-
tion for a period not exceeding five years.
(2)Any person who —
(a) makes or induces any other person to make a false statement in an application for a postal ballot pape r;
or
(b) fails to deliver or post forthwith an envelope containing or purporting to contain a postal ballot paper
entrusted to him or her by a voter for the purpose of delivering or posting it to the Chief Elections Offi c-
er;
shall be guilty of an offenc e and liable to a fine not exceeding level six or to imprisonment for a period not e x-
ceeding one year or to both such fine and such imprisonment. [Part XIV (sections 71 –80)substituted by Act 3 of 2012 ] PART XIVA
SPECIAL VOTING
[Part XIVA (sections 81 –81H )inserted by Act 3 of 2012 ] 81 Persons entitled to special vote
A registered voter shall be entitled to cast a special vote in terms of this Part before the polling day or first
polling day in an election if he or she will be unable to vote at a pollin g station in his or her constituency because
he or she —
(a) is or will be an electoral officer; or
(b) isa member of a disciplined force who will be performing security duties during the election.
81A Fixing of date, place and time of special voting
(1)As soon as practicable after the calling of an election, the Commission shall fix for the purposes of sp e-
cial voting —
(a) two polling days, the last polling day of which shall be at least sixteen days before the polling day or
first polling day, as the case may be, in the election; and
(b) the location of polling stations, which shall be located at a district centre:

53
Provided that if the Commission considers that the district in question is too large or that for any
other reason special voters may be prejudiced by having only one special polling station within a di s-
trict, the Commission may establish one or more additional polling stations within the district, to be
called “special district sub -centre polling stations”;
and
(c) the hours during which special voting can take place.
(2)Where two or more elections are held concurrently, the Commission shall fix the same polling days, the
same special polling stations and the same hours of polling for all the elections.
(3)The Commission shall gi ve reasonable public notice of the days and hours fixed for special voting, and of
the location of the special polling stations, to —
(a) the persons who are or will be entitled to cast special votes:
Provided that, in the case of members of disciplined forces, it shall be sufficient for the Commi s-
sion to give notic e to their commanding officers;
(b) political parties and candidates contesting the election; and
(c) observers accredited for the election.
81B Where special voters must vote; special vote rs not entitled to vote in any other way
(1)An electoral officer or member of a disciplined force who is authorised to cast a special vote in terms of
this Part must cast his or her vote at the special polling station for the district in which he or she is performing d u-
ties away from the constituency in which, or the polling station at which, he or she would ordinarily be required to
vote:
Provided that if the special polling station at which the electoral officer or member of the disciplined force is
req uired to vote is further away from the place where he or she is performing duties than another special polling
station in a different district, the electoral officer or member of the disciplined force may vote at the last –
mentioned special polling station.
(2)A voter who has been authorised to cast a special vote shall not be entitled to vote in any other manner
than by casting a special vote in terms of this Part.
81C Application for special vote
(1)A person who wishes to cast a special vote in an elec tion shall apply for authorisation to the Commission
at least fourteen days before the first special polling day in the election.
(2)An application under subsection (1)shall —
(a) be in the prescribed form; and
(b) be signed by the applicant and accom panied by or a certified copy of his or her national registration card
or voter registration certificate; and
(c) where the application is made by an electoral officer, be accompanied by a certificate from the Chief
Elections Officer stating that the app licant will be carrying out duties as an election officer in the ele c-
tion concerned elsewhere than in the constituency in which the applicant is registered as a voter; and
(d) where the application is made by a member of a disciplined force, be accompanied by a certificate from
his or her commanding officer stating that the applicant will be deployed to carry out security duties,
whether or not in connection with the election, elsewhere than in the constituency in which the applicant
is registere d as a voter .
(3)The Chief Elections Officer shall number all applications for authorisation received by the Commission,
noting on each of them the date on which it was received, and shall permit them to be inspected by members of
the public, for the prescribed fee, if any, until the declaration of the result of the poll, when they shall be dealt with
in terms of section 70 (3).
81D Issue or refusal of authorisation to cast special vote
(1)If the Commission is satisfied that an applicant is entitled t o cast a special vote in terms of this Part, the
Chief Elections Officer shall —
(a) notify the applicant accordingly and supply him or her with a written authorisation to cast a special vote;
and
(b) inform the applicant of the days on which he or she m ay cast a special vote and the place and times at
which he or she may do so.
(2)The Chief Elections Officer shall keep a list of all authorisations issued in terms of subsection (1), which
list shall contain the following details of every person to whom an authorisation has been issued —
(a) the person’s name and address; and
(b) the person’s voter registration number; and
(c) the ward and constituency in which the person is registered;
and shall permit the list to be inspected by members of the publ ic, for the prescribed fee, if any, until the declar a-
tion of the result of the poll, when it shall be dealt with in terms of section 70 (3).

54
(3)The Chief Elections Officer shall ensure that the voters roll supplied to each ward centre for the purposes
of the election has a line drawn through every voter in the ward who has been authorised to cast a special vote and
shall inscribe opposite that person’s name the letters “S.V.”
(4)If the Commission is not satisfied that an applicant is entitled to cast a s pecial vote in terms of this Part,
the Chief Elections Officer shall immediately notify the applicant that authorisation has been refused and that the
applicant must attend personally at a polling station to cast his or her vote.
81E Procedure for special voting
(1)The Commission shall ensure that on the first day fixed for special voting in terms of section 81A, special
polling stations are established at the district centres in terms of that section and are ready for persons to cast their
votes in accor dance with this section.
(2)The Commission shall provide a ballot box at each special polling station, which box shall be clearly
marked with the words “Special Voting Ballot Box”.
(3)Special ballot papers shall be in the same form as ballot papers del ivered to voters at polling stations on
any polling day in the election concerned, except that special ballot papers shall be inscribed in the top right -hand
corner with the letters “S.V’.
(4)Not more than thirty minutes before the commencement of the po ll at a special polling station, the district
special voting officer shall —
(a) satisfy himself or herself that the special ballot box to be used at the special polling station is empty;
and
(b) show the interior of the empty special voting ballot box to such of the candidates, election agents, o b-
servers and other persons entitled to attend at the special polling station as are present; and
(c) immediately thereafter close and seal the ballot box in accordance with instructions issued by the Co m-
missio n.
(5)After a special ballot box is closed and sealed in terms of subsection (4), its seal shall be broken —
(a) at the start of polling on the first special voting day, and then resealed at the close of the poll; and
(b) at the start of polling on th e second special voting day, and then the ballot box shall be opened at the
close of the poll;
in the presence of such of the candidates, election agents, observers and other persons entitled to attend at the sp e-
cial polling station as are present.
(6)Th e procedure for voting at special polling stations shall be the same as for voting at ordinary polling st a-
tions on the polling day or days in the election concerned, except that —
(a) the voter, in addition to his or her proof of identity, shall be request ed to produce his or her authorisation
to cast a special vote; and
(b) the voter shall be given an envelope clearly inscribed with the words “Special Ballot Papers” and the
name of the constituency and ward in which he or she is registered, and shall be instructed that, after
marking the ballot paper in accordance with section 57 (c)(ii), he or she must place the ballot paper in the
envelope and seal the envelope before depositing it in the special ballot box:
Provided that, where more than one election is being held concurrently in the constituency, the
voter shall be instructed to place all his or her marked ballot papers in the same envelope; and
(c) voters casting special ballots shall comply with the instructions given to them in terms of paragrap h(b).
(7)Subject to this section, the provisions of Part XIII relating to the conduct of a poll shall apply, with any
necessary changes, to special voting.
81F Opening of special ballot boxes
(1)Immediately after the time fixed for voting at a special polling station has ended, the district special vo t-
ing officer shall, in the presence of such candidates, election agents, observers and electoral officers as are
present —
(a) open the special ballot box; and
(b) count and record the number of e nvelopes in the special ballot box; and
(c) compare the number of envelopes in the special ballot box with the number of persons who were auth o-
rised to cast a special vote in the district , as notified by the Chief Election Officer and, if there is any
discrepancy between the numbers, inform the candidates, election agents and observers who are present.
(2)The district special voting officer shall then place in a package all the envelopes found in the special ba l-
lot box and shall seal the package and permit the candidates, their election agents and observers who are present to
inscribe their signatures over the place where the package is sealed.
(3)The district special voting officer shall then personally convey to the provincial centre —
(a) the pac kage that has been sealed in terms of subsection (2); and
(b) the record of the number of envelopes contained in the package;
whereupon the provincial elections officer shall take charge of them and be responsible for their safe custody and
transmission to the Chief Elections Officer.

55
(4)Upon receipt of the package that has been sealed in terms of subsection (2), the Chief Elections Officer
shall give to each candidate or his or her chief election agent reasonable notice of the time, date (which date s hall
be at least twelve days before the polling day or first polling day, as the case may be, in the election )and place at
which he or she will —
(a) open the package referred to in subsection (3); and
(b) count and record the number of envelopes in the package; and
(c) compare the number of envelopes in the package with the number recorded by the district special voting
officer of the special polling station and, if there is any discrepancy between the numbers, inform the
candidates, election agents a nd observers who are present.
(5)Immediately after completing the formalities required by subsection (4), the Chief Elections Officer shall
forthwith distribute each envelope to the provincial elections officer within whose province are located the wards
indicated on the back sof the envelopes, together with an accompanying note indicating the number of envelopes
that are sent.
(6)Upon receipt of the envelopes and note from the Chief Elections Officer, the provincial elections officer
concerned shall fo rthwith (and in any event no later than forty -eight hours after receipt )distribute them to the di s-
trict centres within whose area of jurisdiction are located the wards indicated on the backs of the envelopes, t o-
gether with an accompanying note indicating the number of envelopes that are sent.
(7)Upon receipt of the envelopes and note from the provincial elections officer, the district elections officer
concerned shall forthwith (and in any event no later than seventy -two hours after receipt )distribute t hem to the
ward elections officers of the wards indicated on the backs of the envelopes, together with an accompanying note
indicating the number of envelopes that are sent.
(8)Every ward elections officer of a ward who receives any envelopes dispatched to him or her in terms of
subsection (5)shall provide a special ballot box at the polling station for the reception of the envelopes.
(9)The ward elections officer of the ward shall give to each candidate or his or her chief election agent re a-
sonable no tice of the time, date and place at which he or she will seal the special ballot box, which date shall be at
least two days before the polling day or first polling day, as the case may be, in the election.
(10)At the time and place notified, the ward ele ctions officer of the ward shall show the special ballot box
open and empty to such candidates and election agents and observers as are present and it shall then be sealed
with the ward elections officer’s seal and the seals of such candidates and agents a s wish to affix their seals and
shall be marked “Special Ballot Box”, and the ward elections officer shall make adequate provision for the safe
custody of the ballot box.
(11)The ward elections officer of the ward shall immediately place in the special b allot box, unopened, all
the envelopes he or she receives from the district elections officer in terms of subsection (7).
(12)Immediately after the postal ballot box for the ward centre has been opened and its contents dealt with in
terms of section 78, the ward elections officer shall, in the presence of such electoral officers, candidates, election
agents and observers as are entitled to be present —
(a) open the special ballot box; and
(b) count and record the number of envelopes in the special ballo t box; and
(c) compare the number of envelopes in the special ballot box with the number recorded by the district ele c-
tions officer in the accompanying note sent by him or her under subsection (7), and, if there is any di s-
crepancy between the numbers, inform the candidates, election agents and observers who are present.
(13)The ward elections officer shall then examine each envelope from the special ballot box and ensure that
the names of the constituency and ward written on the back of the envelope i s that of his or her constituency and
ward.
(14)If the names of the constituency and ward written on the back of an envelope —
(a) are correct, the ward elections officer shall cause the envelope to be opened and the ballot paper therein
to be placed in a separate package, to be counted along with the votes cast at the ordinary polling station
in the election concerned;
(b) is not correct, the ward elections officer shall endorse the envelope “vote rejected” and place the
envelope, unopened, in a separat e package.
(15)The ward elections officer shall show to the candidates and their agents present every ballot paper
envelope which he or she proposes to reject in terms of subsection (14)(b)and, if a candidate or an agent objects
to his or her decision, the ward elections officer shall add to the endorsement on the envelope t he words “rejection
objected to ”.
81G Safe -keeping of documents related to special voting
The ward elections officer shall, immediately after the declaration of the result of the poll , seal in separate
packets or containers —
(a) all the special ballot papers cast in the election; and
(b) unopened, all envelopes which have been endorsed “vote rejected” in terms of section 81F (14)(b); and

56
(c) unopened, all envelopes which have been endorsed “vote rejected” but whose rejection has been o b-
jected to as provided in section 81F (15).
81H Offences in relation to special votes
(1)Any person who, having been authorised to cast a special vote in terms of this Part, casts or attempts to
cast a vote at an ordinary polling station, shall (whether or not he or she has cast a special vote at the same ele c-
tion )be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not e x-
ceeding one year or to both such fine and such imprisonment.
(2)A person who attempts to induce any other person to obtain a special ballot paper with the intention of i n-
fluencing him or her by bribery or intimidation to record his or her vote in favour of a particular candidate 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 and, in addition to any such punishment, may, if he or she is co n-
victed of that offence b y the High Court, be declared by the High Court to be disqualified from voting at any ele c-
tion for a period not exceeding five years.
(3)Any person who makes or induces any other person to make a false statement in an application for a sp e-
cial ballot paper 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. [Part XIVA (sections 81 –81H )inserted by Act 3 of 2012 ] PART XV
GENERAL PROVISIONS RELATING TO POLLS
82 Constituency elections officers and other persons to make declaration of secrecy
Every electoral officer, candidate or agent of a candidate authorised to attend at the counting or collating of
votes at a polling station or con stituency centre shall, before the opening of the poll, make a declaration of secr e-
cy—
(a) if he or she is a constituency elections officer or a presiding officer, before a commissioner of oaths; or
(b) in any other case, before a commissioner of oaths or the constituency elections officer. [Section substituted byAct 17 of 2007 ] 83 Conduct of chief election agents, election agents and observers at elections
(1)Every chief election agent, election agent and observer appointed or accredited for the purp ose of any
election shall be bound by the code of conduct set out in the First Schedule. [Subsection amended byAct 17 of 2007 ] (2)Any chief election agent, election agent or observer who contravenes any provision of the code of co n-
duct set out in the Fi rst Schedule 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. [Subsection amended byAct 17 of 2007 ] (3)Additionally or alt ernatively to any prosecution for an offence in terms of subsection (2), the contrave n-
tion by a chief election agent, election agent or observer of any provision of the code of conduct set out in the
First Schedule shall, notwithstanding anything contained in this Act, constitute grounds for an electoral officer to
exclude the election agent, polling agent or observer concerned from any polling station or constituency centre. [Subsection amended byAct 17 of 2007 ] 84 Absence of election agents, etc. at open ing and closing of ballot boxes, etc.
For the avoidance of doubt it is declared that the failure by any person (other than an electoral officer )entitled
in terms of paragraph (b)of subsection (1)of section fifty -five to be present on time 
(1a) at the counting and recording the total number of ballot papers received at a polling station in terms of
section 54A; or [Paragraph inserted byAct 17 of 2007 ] (a) at the sealing or opening of the ballot boxes in terms of subsection (4)of section fifty -four ;or
(b) at the sealing of the ballot boxes in terms of paragraph (a)of section sixty -one or of the packets referred
to in paragraph (b)of that section; or
(c) at the counting of votes in terms of section sixty -two ;
shall not prevent the electoral offic er concerned from proceeding in the absence of any such person.
85 Offences in relation to ballot papers and ballot boxes
(1)Any person who —
(a) forges or counterfeits or fraudulently destroys a ballot paper or the official mark on a ballot paper; or
(al) at a polling station, applies for a ballot paper, knowing that he or she is not entitled to vote in the ward
or constituency concerned; or [Paragraph inserted byAct 17 of 2007 ] (b) without due authority supplies any ballot paper to any person; or
(c) without due authority puts into a ballot box any paper or thing other than the ballot paper which he or
she is authorised by this Act to put in the ballot box; or

57
(d) without due authority takes out of the polling station a ballot paper; or
(e) without due authority destroys, takes, opens or otherwise interferes with a ballot box or packet of ballot
papers then in use for the purposes of the election;
shall be guilty of an offence and liable to imprisonment for a period not exceeding three years.
(2)In an indictment, summons or charge for an offence in relation to ballot boxes, ballot papers or official
marking instruments at an election, the property in such papers, boxes or instruments, as well as the property in
the counterfoils, may be stated to be vested in the constituency elections officer at such election or, if the constit u-
ency elections officer is indicted or charged, in the Chief Elections Officer.
86 Maintenance of secrecy and non -interference with voters and ballot papers
(1)Every elec toral officer, monitor, candidate and chief election agent or election agent in attendance at a
polling station shall maintain, and aid in maintaining, the secrecy of the voting at that station and shall not co m-
municate, except for some purpose authorised by law, to any person any information likely to defeat the secrecy
of the voting.
(2)No person, except as provided in this Act, shall —
(a) interfere with or attempt to interfere with a voter when marking his or her vote, or otherwise attempt to
obtain i n the polling station information as to the candidate for whom a voter in that station is about to
vote or has voted; or
(b) communicate at any time to any person any information obtained in a polling station as to the candidate
for whom a voter in such s tation is about to vote or has voted or as to the number on the ballot paper
given to a voter at such station.
(3)No person shall, directly or indirectly, induce a voter to display his or her ballot paper after he or she has
marked the same in such a man ner as to make known to any person the name of the candidate for whom the voter
has so marked his or her vote.
(4)No person shall place upon a ballot paper any mark or writing whereby a person who gives his or her vote
on that ballot paper may be identif ied.
(5)Subject to sections fifty -nine and sixty and proviso (iii)to subsection (1)of section seventy -five , no person
shall attempt to ascertain or, directly or indirectly, aid in ascertaining for which candidate a voter has given his or
her vote.
(6)Any person who contravenes any provision of this section 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 i m-
prisonment.
87 Persons wilfully fail ing in their duties guilty of offence
Any electoral officer or other person who wilfully fails to perform any of the duties which by this Act he or
she is required to perform shall be guilty of an offence and liable to a fine not exceeding level ten.
88 Ob struction of election officials
Any person who, knowingly and without just cause, hinders or obstructs any —
(a) Commissioner; or
(c) electoral officer or employee of the Commission; or
(c) observer;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment. [Section substituted byAct 17 of 2007 ] 89 Disorderly conduct in polling station
(1)Any person who, without lawful excuse 
(a) on polling day in any election, enters a polling station without permission from an electoral officer; or
(b) wilfully disrupts peaceful voting at a polling station; or
(c) wilfully interferes with a voter who is marking his or her ballot paper;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not e x-
ceeding six months or to both such fine and such imprisonment.
(2)Any person who on polling day in any election, and in a polling station or in the immediate vicinity of a
polling station, is intoxicated by liquor or drugs or violent or disorderly 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 an d
such imprisonment .
89A Refusal of precautions against double voting
Any person who, having applied for a ballot paper in a polling station, refuses without just cause —
(a) to undergo a prescribed test to determine whether or not he or she has already voted; or
(b) to be marked in the prescribed way;
shall be guilty of an offence and liable to a fine not exceeding level five. [Section inserted byAct 17 of 2007 ]

58
90 Refusal to leave polling station
Any person who, without lawful excuse, refuses or fails to leave a polling station when lawfully required to
do so by the presiding officer shall be guilty of an offence and liable to a fine not exceeding level four or to impr i-
sonment for a period not exceeding three months or to both such fine and such impris onment .
91 Destruction or damaging of voters roll or data relating thereto
(1)Any person who, with the intention of disrupting or preventing the holding of an election, destroys, da m-
ages or conceals —
(a) any voters roll or portion of a voters roll;
(b) any data or information relating to a voters roll;
whether the voters roll, data or information is in electronic or printed form, shall be guilty of an offence and liable
to imprisonment for a period not exceeding ten years.
(2)If in a prosecution for a n offence under subsection (1)it is proved that the accused person destroyed,
damaged or concealed anything referred to in paragraph (a)or (b)of that subsection and thereby prevented any
voter from voting in an election, it shall be presumed, unless the contrary is shown, that the accused person i n-
tended to disrupt or prevent the holding of the election.
92 Employer to allow employees to vote
(1)Every employer of a person who is entitled to vote in an election shall allow the employee leave of a b-
sence from his or her work for the whole of either the morning or the afternoon of the polling day or of one of the
polling days, as the case may be, to afford the employee an opportunity to vote in the election.
(2)An employee shall not be required to suffer any deduction from his or her wages or salary by reason of
any leave of absence taken in terms of subsection (1).
(3)Any employer who contravenes subsection (1)or (2)shall be guilty of an offence and liable to a fine not
exceeding level ten.
PART XVI
ELECTION EXPENSES AND ELECTION AGENTS
93 What expenses permissible
No election expenses of a candidate shall be lawful except in respect of the following matters —
(a) purchasing voters rolls;
(b) the expenses of printing, the expenses of advertising, and the expenses of publishing, issuing and distr i-
buting, addresses and notices;
(c) stationery, messages, postage, telegrams, telefacsimiles, electronic mails and the use of telephones;
(d) public meetings and hiring of halls or premises therefor;
(e) one chief election agent for the candidate and no more;
(f) a number of election agents within the constituency concerned not exceeding such number as may be
prescribed;
(g) a number of clerks not exceeding such number as may be prescribed and the same number of messe n-
gers;
(h) miscellaneous expenses not exceeding in the whole such sum as may be prescribed, and not being e x-
penses incurred in respect of any matter or in any manner constituting an offence under this Act or any
other law, or in respect of any matter or thing payment for which is prohibited by this Act or any other
law;
(i) personal expenses;
(j) the supply to unpaid helpers of the candidate of a reasonable amount of fuel for the purpose of bringing
voters to and returning them from the po lling station:
Provided that the total sum expended in terms of this paragraph shall not exceed such sum as may
be prescribed.
94 Chief election agents
(1)Before, on or after nomination day but not later than seven days before polling day or the first polling
day, as the case may be, in the election concerned, a candidate may appoint one and only one person to be his or
her chief election agent and shall forthwith notify in writing the full names and address of his or her chief election
agent to the co nstituency elections officer, and the constituency elections officer shall forthwith give public notice
of the full names and address of the chief election agent so appointed.
(2)If a candidate revokes the appointment of his or her chief election agent o r the chief election agent dies —
(a) the candidate may appoint another chief election agent and shall forthwith notify in writing the full
names and address of such chief election agent to the constituency elections officer:

59
Provided that a candidate m ay not appoint a chief election agent in terms of this paragraph unless
he or she notifies the constituency elections officer not later than three days before the polling day or
earliest polling day, as the case may be, of such appointment; and
(b) if th e candidate appoints a chief election agent in terms of paragraph (a)he or she shall forthwith give
public notice, by an advertisement in a newspaper circulating in the constituency, of the full names and
address of the chief election agent so appointed.
(3)If a candidate —
(a) fails to give the notification required in terms of subsection (1)or (2); or
(b) on the revocation of the appointment or the death of his or her chief election agent does not appoint
another chief election agent;
the candidate shall be deemed to be his or her own chief election agent and thereupon shall, so far as circum s-
tances permit, be subject to the provisions of this Act both as a candidate and as a chief election agent.
95 Election agents
(1)Not later than three days bef ore the polling day or first polling day, as the case may be, a chief election
agent may appoint one or more persons, not exceeding such number as may be prescribed, to be his or her election
agents and shall forthwith —
(a) notify in writing the full name s and address of every election agent so appointed to the constituency
elections officer; and
(b) …. [Subsection repealed byAct 17 of 2007 ] (1a)Subject to subsection (5)(which provides for limiting the number of election agents in or about a polling
station where more than one election is being held concurrently ), of the election agents appointed in terms of su b-
section (1)by a candidate’s chief election agent —
(a) one shall be entitled to be present in each polling station in the constituency in whic h the candidate is
standing for election; and
(b) one shall be entitled to be present in the immediate vicinity of each such polling station;
for the purposes of observing whether or not the electoral processes at the polling station concerned are conducted
in accordance with this Act . [Subsection inserted by Act 3 of 2012 ] (2)Anything done for the purposes of the election by or to an election agent shall be deemed to be done by or
to the chief election agent, and any act or default of an election agent which, if he or she were the chief election
agent, would be an electoral malpractice shall be an electoral malpractice in terms of Part XVIIIA, XIX or XX, as
the case may be, committed by the election agent, and —
(a) the election agent shall be lia ble to punishment accordingly and
(b) the candidate shall, save as provided in section 146 (3), incur the same consequence as if the act or d e-
fault had been the act or default of the chief election agent. [Subsection substituted byAct 17 of 2007 ] (3)The appointment of an election agent shall not terminate by virtue of the chief election agent who a p-
pointed him or her ceasing to be a chief election agent.
(4)If a chief election agent revokes the appointment of an election agent or an election agent dies , the chief
election agent may appoint another election agent and if he or she does so shall forthwith —
(a) notify in writing the full names and address of the election agent to the constituency elections officer;
(b) … [Paragraph repealed byAct 17 of 2007 ] (5)Where more than one election is to be held concurrently in any constituency, the Commission may pr e-
scribe that, in relation to candidates nominated by political parties, only two election agents representing each p o-
litical party may be present w ithin or in the immediate vicinity of each polling station, of whom —
(a) one shall be entitled to be present in each polling station in the constituency in which the candidate is
standing for election; and
(b) the other shall be entitled to be present i n the immediate vicinity of each such polling station;
and for that purpose any references to the chief election agent of the candidate making the appointments and not i-
fications of elections agents referred to in subsection (1)shall be substituted by references to the political party of
the candidates competing in the concurrent elections concerned . [Subsection inserted by Act 3 of 2012 ] 96 Appointments made and expenses incurred by candidates or agents
(1)The chief election agent of a candidate, by himself or herself or through an election agent, shall appoint
every person employed for hire or reward on behalf of the candidate at an election.
(2)A contract whereby any expenses are incurred on account of or in respect of the conduct or management
of an election shall not be enforceable against a candidate unless made by the candidate himself or herself or by
his or her chief election agent, either by himself or herself or through an election agent:

60
Provided that the inability under this section to enforce such a contract against the candidate shall not relieve
the candidate from the consequences of any electoral malpractice having been committed by his or her agent. [Proviso amended byAct 17 of 2007 ] (3)A chief election agent shall, where a poll is to be held, send to the constituency elections officer not later
than three days before polling day or the earliest polling day, as the case may be, a list containing the full names
and address of every person employed by him o r her for hire or reward on behalf of the candidate in connection
with an election, and if any such person is enrolled on the voters roll, his or her number on such roll.
(4)A chief election agent who fails to comply with subsection (3)shall be guilty o f an offence and liable to a
fine not exceeding level four.
97 Payments of expenses and disclosure of expenditure
(1)Except as permitted by or in terms of this Act, no payment and no advance or deposit shall be made or
promised by a candidate at an elect ion or by any person at any time, whether before, during or after that election,
in respect of any expenses incurred or to be incurred on account of or in respect of the conduct or management of
that election, otherwise than by or through the chief electio n agent of the candidate, whether acting in person or by
an election agent.
(2)All moneys provided by an association or group of persons or by any person for the election expenses of
a candidate, whether as a gift, loan, advance or deposit, shall be paid or promised to the candidate or his or her
chief election agent and not otherwise.
(3)This section shall not be construed as applying to any money deposited with a constituency elections o f-
ficer in terms of section forty -seven .
98 Receipts for election expenses
Every payment in respect of any election expenses shall, except where it is less than such sum as may be pr e-
scribed in all in any account, be vouched for by a bill stating the particulars, and by a receipt or some other ev i-
dence of payment.
99 Cla ims for election expenses
(1)Every claim against a candidate at an election or his or her chief election agent in respect of any election
expenses which is not sent in to the chief election agent within the time limited by this Part shall be barred and
shall not be paid and, subject to such exceptions as may be allowed under this Part, a chief election agent who
pays a claim in contravention of this subsection shall be guilty of an illegal practice and liable to a fine not e x-
ceeding level six.
(2)Except as permitted by this section, the time limited for sending in claims referred to in subsection (1)
shall be sixty days after the day on which the candidate who was returned was declared elected.
(3)All election expenses in respect of a candidate shall b e paid within the time limited by this section and not
otherwise and, subject to such exceptions as may be allowed under this section, a chief election agent who makes
a payment in contravention of this provision shall be guilty of an illegal practice and liable to a fine not exceeding
level six.
(4)Except as permitted by this section, the time limit for the payment of election expenses referred to in su b-
section (3)shall be seventy -two days after the day on which the candidate who was returned was declar ed elected.
(5)If a chief election agent, in the case of any claim sent in to him or her within the time limited by this se c-
tion, disputes it or refuses or fails to pay it within the period of seventy -two days referred to in subsection (4), the
claim shall be deemed to be a disputed claim.
(6)The person making the claim referred to in subsection (1)may, if he or she thinks fit, bring an action for a
disputed claim in any competent court and any sum paid by the candidate or his or her agent in pursua nce of the
judgment or order of such court shall be deemed to be paid within the time limit and to be an exception to the pr o-
visions of this Part requiring claims to be paid by the chief election agent.
(7)The court, on application by the person making t he claim referred to in subsection (1)or by the candidate
or his or her chief election agent, may, if cause is shown to its satisfaction, by order, give leave for the payment by
a candidate or his or her chief election agent of a disputed claim or of a cl aim for any election expenses, although
sent in after the expiry of the time limit referred to in subsection (2)for sending in claims, or although the claim
was sent in to the candidate and not to the chief election agent, and any payment made in pursuanc e of such order
shall be deemed to be made within the time limited by this section.
(8)Where the court reports that it has been proved to it by a candidate that any payment made by a chief
election agent in contravention of this section was made without the sanction or connivance of such candidate, the
election of such candidate shall not be void nor shall he or she be subject to any incapacity under this Act by re a-
son only of such payment having been made in contravention of this section.

61
100 Limit of p ersonal expenses that candidates may incur
(1)The candidate at an election may pay any personal expenses incurred by him or her on account of or in
connection with or incidental to that election, to a prescribed amount, but any further expenses so incurr ed shall be
paid by or through his or her chief election agent.
(2)Any expenses incurred and paid by supporters of a candidate in travelling or living at hotels or elsewhere
for the purposes of and in relation to an election shall not be deemed to be exp enses incurred in the interests of the
candidate.
(3)A candidate shall send to his or her chief election agent within the time limited by section ninety -nine for
sending in claims a written statement of the amount of personal expenses paid by him or her under this section,
giving the principal details of expenditure.
(4)Any person, if so authorised in writing by the chief election agent of the candidate, may pay any nece s-
sary stationery, postage, telegrams, telefacsimiles, electronic mails and other pet ty expenses to a total amount not
exceeding that specified in the authority, but any excess above the total amount so specified shall be paid by the
chief election agent.
(5)A person who has made any payment in terms of subsection (4)shall send to the c hief election agent,
within the time limited by section ninety -nine for the sending in of claims, a statement giving particulars of such
payments, supported by documentary evidence thereof.
(6)Any person who —
(a) fails to send a statement in terms of su bsection (3)or (5); or
(b) makes a statement that is false in a material particular in any statement sent in terms of subsection (3)
or (5);
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not e x-
ceeding one year or to both such fine and such imprisonment.
101 Claims by chief election agents
This Part shall apply to a claim by a chief election agent for his or her remuneration and to the payment th e-
reof in the same manner as if he or she were any other creditor, and if any difference arises respecting the amount
of such claim, the claim shall be a disputed claim within the meaning of this Part, and be dealt with accordingly.
PART XVII
PROVISIONS RELATING TO ELECTIONS TO OFFICE OF PRESIDENT
102 …. [Section repealed byAct 17 of 2007 ] 103 …. [Section repealed byAct 17 of 2007 ] 104 Nomination of candidates for election to office of President
(1)A candidate for election to the office of President shall be nominated by means of a nomination paper i n
the prescribed form which —
(a) shall be signed, in respect of each province into which Zimbabwe is for the time being divided, by not
fewer than ten persons who are registered on the voters rolls for constituencies within the province co n-
cerned; and
(b) shall be countersigned with the acceptance of the candidate; and
(c) may specify a distinctive symbol which the candidate wishes to appear on the ballot paper in conjun c-
tion with his or her name; and
(d) may, if the candidate is to stand for or to b e 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 a p-
pear on the ballot paper; and
(e) shall be accompanied by a passport -sized photograph of the candidate. [Paragraph amended byAct 17 of 2007 ] (2)Where a nomination paper specifies matters referred to in paragraph (d)of subsection (1), the nomination
paper shall be countersigned by a person who is an office -bearer of the political party con cerned with authority to
certify that the candidate is to stand for or to be sponsored by that political party.
(3)Subject to this section, section forty -six shall apply, with any changes that may be necessary, in relation to
the nomination of candidates for election to the office of President.
105 Nomination fee
At the same time as the nomination paper is lodged by or on behalf of a candidate for election as President,
there shall be deposited with the Chief Elections Officer, by or on behalf of the person nominated, such nom i-
nation fee as may be prescribed, which shall form part of the funds of the Commission . [Section inserted by Act 3 of 2012 ]

62
106 Publication of names of Presidential candidates
As soon as practicable after the day fixed for the si tting of a nomination court in terms of section 38 (1)(a), the
Chief Elections Officer shall cause to be published in the Gazette and in all newspapers of mass circulation in
Zimbabwe the names of all candidates who have been validly nominated for election to the office of President. [Section amended byAct 17 of 2007 ] 107 Withdrawal of candidature
(1)A nominated candidate for election as President may, by notice in writing addressed to the Chief Elections
Officer, withdraw his or her candidature at any ti me before twenty -one days from the day or first day, as the case
may be, on which the poll in an election to the office of President is to be taken.
(2)On receipt of a notice of withdrawal in terms of subsection (1), the Chief Elections Officer shall cau se the
withdrawal to be published in the Gazette and in all newspapers of mass circulation in Zimbabwe.
(3)…. [Subsection repealed byAct 17 of 2007 ] 108 When fresh nominations to be held
Where —
(a) no candidate for election as President has been validly nominated at the expiry of the time fixed for
lodging nomination papers with the Chief Elections Officer; or
(b) no candidate nominated for election as President is qualified in terms of subsection (1)of section 28 of
the Constitution for electio n as President; or
(c) a candidate nominated for election as President dies on or before the day on which the poll in the ele c-
tion is to be taken; or
(d) a candidate nominated for election as President who would otherwise have been entitled to be declare d
duly elected as President dies after the poll has begun in the election to the office of President, but b e-
fore he or she has been declared duly elected as President;
the President shall, subject to section 58 (1)of the Constitution, by further proclamation in the Gazette published
in terms of section 38 (4), announce the sitting of a new nomination court, and thereafter the provisions of this Part
shall apply accordingly. [Section amended byAct 17 of 2007 ] 109 Procedure when poll to be taken
If a poll becomes necessary in terms of subsection (2)of section one hundred and ten , the Chief Elections O f-
ficer shall, as soon as practicable after the day fixed for the sitting of the nomin ation court in terms of se c-
tion 38(1)(a)—
(a) by notice published in the Gazette , notify —
(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 the hours specified for the opening and
closing of each polling station in each constituency. [Section amended byAct 17 of 2007 ] 110 Determination and declaration of result of election to office of President
(1)Where only one candidate for President is validly nominated at the close of the day on which a nom i-
nation court sits in terms of section 38 (1)(a), the Chief Elections Officer shall declare such candidate to be duly
elected as President without the necessity of a poll.
(2)Where two or more candidates for President are validly nominated, a poll shall be taken in each constit u-
ency for the election of a President.
(3)Subject to this Part, Part XIII shall apply, with any changes that may be necessary, to an election to the
office of President (any references to a constituency centre or a constituency elections officer being construed as
references to a presidential constituency centre or a presidential constituency elections officer respectively ), other
than sections 66, 67 and 68, for which the following provision s are substituted —
(a) after the number of votes received by each candidate as shown in each polling -station return has been
added together in terms of section 65 (3)(i)and the resulting figure added to the number of postal votes
and special votes receive d by each candidate, the constituency elections officer shall forthwith —
(i) record on the constituency return the votes obtained by each candidate and the number of r e-
jected ballot papers in such a manner that the results of the count for each polling st ation are
shown on the return; and
(ii) display the completed constituency return to those present and afford each candidate or his or
her election agent the opportunity to subscribe their signatures thereto; and
(iii) transmit to the Chief Elections O fficer by hand through a messenger the constituency return or a
copy thereof certified by the constituency elections officer to be correct;

63
(b) immediately after arranging for the constituency return to be transmitted in terms of paragraph (a)(iii),
the c onstituency elections officer shall affix a copy of the constituency return on the outside of the co n-
stituency centre so that it is visible to the public;
(c) immediately after receiving all the constituency returns transmitted in terms of paragraph (a)(iii), the
Chief Elections Officer shall verify them, having given reasonable notice to each candidate or to his or
her chief election agent of the time and place at which the returns are to be verified;
(d) at the time and place notified for the verificat ion of the constituency returns referred to in paragraph (c)
and in the presence of such candidates, their chief election agents and observers as are present, the Chief
Elections Officer shall display each constituency return to those present and shall, on request, allow a
candidate or chief election agent of a candidate to make notes of the contents of each constituency r e-
turn;
(e) when the Chief Elections Officer has completed the verification of the constituency returns under par a-
graph (d)the Chief Ele ctions Officer shall, in the presence of such persons referred to in paragraph (d)
as are present, add together the number of votes received by each candidate as shown in each constit u-
ency return;
(f) subject to paragraph (h), after the number of votes received by each candidate as shown in each const i-
tuency return has been added together in terms of paragraph (e), the Chief Elections Officer shall —
(i) where there are two candidates, forthwith declare the candidate who has received the greater
number o f votes to be duly elected as President of the Republic of Zimbabwe with effect from
the day of such declaration; or
(ii) where there are more than two candidates, forthwith declare the candidate who has received
more than half the number of votes to be duly elected as President of the Republic of Zimbabwe
with effect from the day of such declaration; or
(iii) where there are more than two candidates, and no candidate has received more than half the
number of votes, forthwith declare that a runoff presi dential election shall be held on the date
fixed by the President in terms of section 38 (1)(a)(iii)(that is to say, a fixed date not less than
twenty -one and not more than sixty -three days after the polling day or last polling day, as the
case may be, of the original election ):
Provided that the Electoral Court, on the application of the Commission, may for good
cause extend the period;
(g) subject to this section, if a runoff presidential election is required to be held —
(i) only the two candidates w ho received the highest and next highest numbers of valid votes cast at
the previous election shall be eligible to contest the election; and
(ii) the election shall be held in accordance with this Act or, in case any situation arises that may be
peculiar to such election, in the manner prescribed;
(iii) after the number of votes received by each candidate at a presidential runoff election as shown in
each constituency return has been added together in terms of paragraph (e), the Chief Elections
Officer s hall forthwith declare the candidate who has received the greater number of votes to be
duly elected as President of the Republic of Zimbabwe with effect from the day of such declar a-
tion:
Provided that if the two candidates receive an equal number of votes, Parliament shall, as soon as
pra cticable after the declaration of the result of that election, meet as an electoral college and elect one
of the two candidates as President by secret ballot and without prior debate;
(h) a declaration by the Chief Elections Officer under paragraph (f)or (g)(iii)shall be made not later than —
(i) five days after the polling day or last polling day, as the case may be, in the presidential election
or runoff presidential election concerned; or
(ii) where a recount has been ordered in terms of section 67A, five days after the completion of the
recount:
Provided that the Electoral Court may, on application by the Commission, for good c ause extend
the period ;
(i) a declaration by the Chief Elections Officer under paragraph (h)be final, subject to reversal on petition
to the Electoral Court that such declaration be set aside or to the proceedings relating to that election b e-
ing declared void;
(j) the Chief Elections Officer shall as soon a s possible after he or she has declared the result of an election
to the office of President in terms of paragraph (i), publish such result by notice in the Gazette and in
such other manner as he or she considers necessary to give sufficient publicity to t he result, which notice
shall also, in the event that the candidate in question has obtained more than half of the votes at the ele c-
tion, give the full name of the person duly elected as President of the Republic of Zimbabwe and the day
with effect from wh ich he or she was so elected.

64
(4)Subject to this Part, Parts XIV, XIVA and XV, shall apply, with any changes that may be necessary, to an
election to the office of President, any references to a constituency centre or a constituency elections officer bei ng
construed as references to a presidential constituency centre or a presidential constituency elections officer respe c-
tively.
(5)In accordance with section 28 (5)of the Constitution, a person elected as President shall assume office on
the day upon whi ch he or she is declared so elected by the Chief Elections Officer or within forty -eight hours th e-
reafter. [Section substituted by Act 3 of 2012 ] 111 Election petitions in respect of election to office of President
(1)An election petition complaining of an undue return or an undue election of a person to the office of Pre s-
ident by reason of irregularity or any other cause whatsoever, may be presented to the Electoral Court within thi r-
ty days of the declaration of the result of the election in respect of which the petition is presented, by any person —
(a) claiming to have had a right to be elected at that election; or
(b) alleging himself or herself to have been a candidate at such election.
(2)If, on the trial of an election petition presented in terms of subsection (1), the Electoral Court makes an
order declaring —
(a) that the President was duly elected, such election shall be and remain valid as if no election petition had
been presented a gainst his or her election; or
(b) that the President was not duly elected, the registrar of the Electoral Court shall forthwith give notice of
that fact to the Chief Elections Officer who shall publish a notice in the Gazette stating the effect of the
order of the Electoral Court.
(3)A declaration by the Electoral Court in terms of paragraph (b)of subsection (2)shall not invalidate an y-
thing done by the President before that declaration.
(4)Part XXIII, other than sections one hundred and sixty -six ,one hundred and sixty -seven , subsections (3),
(4),(5),(6),(7)and (8)of section one hundred and seventy -one , sections one hundred and seventy -three ,one
hundred and seventy -six ,one hundred and seventy -eight , subsection (2)of section one hundred and se venty -nine
and one hundred and eighty shall apply, with any changes that may be necessary, to an election petition presented
in terms of subsection (1).
112 ….. [Section repealed by Act 3 of 2012 ] 112A Election of President in the event of casual vacancy
(1)If the office of President becomes vacant by reason of his or her death or his or her resignation or removal
from office in terms of the Constitution, the members of the Senate and the House of Assembly shall meet as an
electoral college on a day (no later than ninety days from the date when the office of President becomes vacant )
and at a time fixed by the Clerk of Parliament in order to elect a person to the office of President of Zimbabwe.
(2)The procedure for the election of a person to the offi ce of President of Zimbabwe in terms of subsection
(1)is prescribed in the Fifth Schedule. [Section substituted byAct 17 of 2007 ] PART XVIII
PROVISIONS RELATING TO LOCAL AUTHORITY ELECTIONS
Preliminary
113 Application of Part XVIII
This Part shall apply in respect of —
(a) elections of councillors in terms of the Rural District Councils Act [Chapter 29:13 ]and the Urban
Councils Act [Chapter 29:15 ]; and
(b) elections to the office of mayor in terms of the Urban Councils Act [Chapter 29:15 ];
and to the preparation and maintenance of voters rolls in connection with such elections.
114 Interpretation in Part XVIII
(1)Subject to section four , any word or expression to which a meaning has been assigned in —
(a) the Rural District Councils Act [Chapter 29: 13], shall bear the same meaning when used in this Part in
relation to a rural district council;
(b) the Urban Councils Act [Chapter 29:15 ], shall bear the same meaning when used in this Part in relation
to a city or municipal council, a town council or a local board.
(2)Where a council area is divided into wards, any reference in this Part to the council area shall be co n-
strued, where appropriate, as a reference to that ward.
(3)Any reference in this Part to an office of the Registrar -General of Voter s shall be construed as a reference
to such office or premises in the council area concerned as he or she may determine.

65
Qualifications of voters and preparation of ward voters rolls
115 Qualifications of voters in local authority elections
(1)Subject to this Part, every person who —
(a) is qualified in terms of paragraph 3 of Schedule 3 to the Constitution for registration as a voter; and
(b) is resident within a ward;
shall be entitled to be enrolled on a voter’s roll prepared for the ward.
(2)Subj ect to section 23, a person shall be regarded as resident in a ward if —
(a) in relation to any Communal Land within the ward, he or she is entitled in terms of the Communal Land
Act [Chapter 20:04 ]to reside in that Communal Land or any part thereof; or
(b) in relation to any other land, he or she is ordinarily resident therein or thereon.
(3)If a claimant satisfies the Registrar -General of Voters that, for reasons related to his or her place of origin
or otherwise, it is appropriate for him or her to b e registered as a voter in a ward in which he or she is not resident,
the claimant may be registered as a voter in that ward:
Provided that no person shall be registered as a voter in more than one ward at any one time. [Section substituted byAct 17 of 20 07] 116 First ward voters rolls
(1)Subject to this Part, before the date fixed for the coming into being of a council, the Registrar -General of
Voters shall, under the supervision of the Commission, draw up —
(a) in the case of a municipal council, the first ward voters roll for each ward constituting the council area to
be used in elections for councillors; and
(b) in the case of any other council, the first ward voters roll for each ward constituting the council area to
be used in elections for counci llors.
(2)For the purpose of preparing ward voters rolls in terms of subsection (1), the Registrar -General of Voters
may —
(a) cause to be transferred to any of those rolls the names of persons —
(i) who are registered on the voters roll of a constituenc y falling wholly or partly within the ward
concerned; and
(ii) whom the Registrar -General of Voters knows or has reason to believe are entitled to be enrolled
on the ward voters roll of any ward within the council area concerned;
or
(b) direct that the voters roll of a constituency falling wholly or partly within the ward concerned, or any
part of that roll, shall constitute the voters roll for the ward, where the Registrar -General of Voters
knows or has reason to believe that the voters concerned are e ntitled to vote in elections held in that
ward, and thereupon that constituency voters roll or part thereof, as the case may be, shall constitute the
ward voters roll concerned; or
(c) may enrol any person or class of persons —
(i) who is or are registere d in terms of the National Registration Act [Chapter 10:17 ]; and
(ii) whom the Registrar -General of Voters is satisfied is or are entitled to be enrolled on any ward
voters roll in terms of this Act.
(3)The expenses incurred in compiling the first ward voters rolls shall be charged upon and paid out of the
funds of the Commission, or, to the extent of any insufficiency of the funds of the Commission for this purpose,
the Consolidated Revenue Fund. [Section substituted byAct 17 of 2007 ] 117 Preparation of subsequent ward voters rolls
(1)Subject to this section —
(a) in each year in which elections for councillors are to be held, the Registrar -General of Voters shall pr e-
pare ward voters rolls containing the names of persons entitled to be enrolled there on on the date fixed
in terms of section 26A for the closing of the roll concerned;
(b) as soon as possible after an area has been added to the council area concerned, the Registrar -General of
Voters shall prepare one or more ward voters rolls containing the names of persons entitled to be
enrolled thereon in terms of section 115.
(2)Instead of preparing a ward voters roll in terms of subsection (1), the Registrar -General of Voters may —
(a) prepare —
(i) a supplementary voters roll containing the names, in alphabetical order of surnames, of persons
who are entitled to be enrolled on the ward voters roll concerned but who are not enrolled ther e-
on; and
(ii) a removals list containing the names, in alphabetical order of surnames, of all persons whose
names appear on the existing ward voters roll for the area concerned but who are no longer qua l-
ified to be enrolled thereon;

66
or
(b) ensure that the existing ward voters roll for the area concerned is continuously kept up to date by the
addition of the names of persons who are entitled to be enrolled thereon but who are not so enrolled and
the deletion of the names of persons who are no longer entitled to be so enrolled.
(3)Nothing in this section shall be construed as precluding the Registrar -General of Vot ers from preparing
an additional ward voters roll, supplementary voters roll or removals list for the purpose of any by -election to fill
a casual or special vacancy on any council, and if he or she does so such roll or list shall have effect for the pu r-
pos e of the by -election as if it had been prepared in terms of subsection (1)or (2).
(4)Section 116 (2)and (3)shall apply, with any changes that may be necessary, in relation to any roll or list
prepared or updated in terms of this section. [Section subst ituted byAct 17 of 2007 ] 118 Inspection of ward voters rolls
(1)A voters roll prepared in terms of section 116 or 117 shall be open to inspection by the public, free of
charge, during office hours at the office of the Registrar -General of Voters.
(2)Immediately after preparing a ward voters roll in terms of section 116 or 117, the Registrar -General of
Voters shall, by notice published in two issues of a newspaper and posted at his or her office —
(a) notify that a copy of the ward voters roll is open for inspection in terms of subsection (1); and
(b) call upon any person who —
(i) claims that he or she should be enrolled on the ward voters roll, to apply for enrolment in terms
of section 24 or to apply to the Registrar -General of Voters for the rectif ication of the voters roll
as soon as possible; or
(ii) has any objection to the enrolment of a person whose name appears on the ward voters roll, to
lodge his or her objection as soon as possible in terms of Part VI. [Section substituted byAct 17 of 2007 ] Qualifications for election
119 Qualifications and disqualifications for election as councillor
(1)Any person who —
(a) is a citizen of Zimbabwe; and
(b) has attained the age of twenty -one years; and
(c) is enrolled on the voters roll for the council area concerned; and
(d) is not disqualified in terms of subsection (2);
shall be qualified to be elected as a councillor.
(2)A person shall be disqualified from being nominated as a candidate for or from election as a councillor
if—
(a) he or she is a member of another local authority, other than a local authority which —
(i) will be abolished on or before the date he or she would assume office if elected; or
(ii) forms part of a system of local government for which provision has been made i n terms of se c-
tion 5 of the Urban Councils Act [Chapter 29:15 ];
or
(b) he or she is a member of Parliament; or
(c) in terms of the law in force in any country, he or she has —
(i) been adjudged or otherwise declared insolvent or bankrupt and has not b een rehabilitated or di s-
charged; or
(ii) made an assignment or arrangement or composition with his or her creditors which has not been
rescinded or set aside;
or
(d) during the five years immediately preceding the date of his or her proposed nomination as a candidate,
he or she has been convicted of contravening section 48 of the Rural District Councils Act [Cha p-
ter 29:13 ], section 107, 108 or 109 of the Urban Councils Act [Chapter 29:15 ]or an equivalent prov i-
sion of any Act repealed by the latter Act; or
(e) he or she has been convicted of an offence involving dishonesty; or
(f) subject to subsection (3), he or she holds an office of profit under or in the gift of a local authority, not
being a local authority that will be abolished on or before the date he or she would assume office if
elected; or
(g) subject to subsections (4)and (5), he or she holds an office of profit under the State; or
(h) on—
(i) the n omination day in question; or
(ii) the day of the election in question;

67
as the case may be, he or she is in default with the payment of any levy, rate, charge or tax due and pa y-
able to the council concerned, and has been in such default for more than o ne hundred and twenty days;
or
(i) he or she is suspended in terms of section 157 of the Rural District Councils Act [Chapter 29:13 ]or se c-
tion 114 of the Urban Councils Act [Chapter 29:15 ], as the case may be, from exercising all his or her
functions as a councillor or, having been dismissed in terms of either of those sections, he or she is di s-
qualified under the section concerned from nomination or election as a councillor.
(3)A person shall not be regarded as holding an office of profit under or in the gift of a local authority by
virtue of his or her receiving —
(a) any payment or allowance paid to a councillor in terms of the Rural District Councils Act [Cha p-
ter 29:13 ]or the Urban Councils Act [Chapter 29:15 ]arising out of the performance of his or her duties
as a councillor, whether such duties are of a special or general nature; or
(b) any remuneration payable to a member of an executive committee in terms of section 95 of the Urban
Councils Act [Chapter 29:15 ]; or
(c) any allowance at a rate not exceeding such amount as may be prescribed under the Rural District Cou n-
cils Act [Chapter 29:13 ]or the Urban Councils Act [Chapter 29:15 ], as the case may be, which is paid
to a person for services on any board, committee or similar body establis hed by or under any enactment,
where that person receives no other payment for such services; or
(d) any pension payable in terms of the Rural District Councils Act [Chapter 29:13 ]or the Urban Councils
Act [Chapter 29:15 ].
(4)For the purposes of parag raph (g)of subsection (2), a person shall not be regarded as holding an office of
profit under the State —
(a) unless he or she is in the continuous and regular employment of the State in respect of which he or she
receives a wage or salary;
(b) by virtue of the fact that —
(i) he or she is in receipt of a pension which is payable by the State; or
(ii) he or she is an officer or member of the Defence Forces whose services in peace -time are not
wholly in the employment of the State; or
(iii) he or she is an officer or member of the Reserve Force of the Police Force whose services are
not wholly in the employment of the State; or
(iv) he or she is a consultant whose services are not wholly retained by the State; or
(v) he or she is a person nomi nated by or with the approval of the council to serve as a member of a
commission, board or similar body established under any enactment; or
(vi) he or she is a commissioner appointed in terms of the Commissions of Inquiry Act [Cha p-
ter 10:07 ].
(5)Amember of the Public Service shall be eligible for nomination as a candidate and for election as a cou n-
cillor if the Secretary of the Ministry in which he or she is employed, with the concurrence of the Public Service
Commission, has certified in the presc ribed form that any of his or her duties as a councillor, should he or she be
elected, would not conflict with his or her duties as an employee of the State.
(6)A councillor or former councillor may be re -elected to the council if he or she is qualified to continue as a
councillor.
120 …. [Section repealed byAct 1 of 2008 ] When elections to be held
121 Casual or special vacancies in councils to be notified to responsible Minister and Commi s-
sion
(1)A casual or special vacancy on a council shall be n otified in writing by the town clerk or chief executive
officer of the council concerned to the Minister responsible for the Rural District Councils Act [Chapter 29:13 ]or
the Urban Councils Act [Chapter 29:15 ], as the case may be, and the Commission, no l ater than twenty -one days
after the town clerk or chief executive officer becomes aware of it.
(2)Upon being notified of a vacancy in terms of subsection (1)the Commission shall publish a notice in a c-
cordance with section 121A (2). [Section substituted byAct 17 of 2007 ] 121A Notice of election and nomination day to fill casual or special vacancies in councils
(1)A by -election to fill —
(a) a casual or special vacancy in a council; or
(b) a vacancy arising from —
(i) any area added to a council area b eing constituted as an additional ward; or

68
(ii) the number of councillors of a council area or ward being increased;
shall be held on a date fixed by the Commission, which date shall be not less than thirty -five days nor more than
ninety days after the date on which the vacancy occurred:
Provided that, except where the number of vacancies exceeds one half of the total number of councillors, no
by-election shall be held to fill such a vacancy which occurs within one hundred and eighty days before the day or
first day fixed in a proclamation in terms of section 58 (1)of the Constitution as the day or days on which elections
are to be held for the purpose of electing councillors.
(2)Not less than twenty -eight or more than sixty -six days before the day appo inted for any by -election to fill
a casual vacancy or special vacancy, the Commission shall, by notice published in a newspaper and posted at its
office —
(a) state the number of vacancies to be filled and, where appropriate, the wards in which the vacancies have
occurred; and
(b) fix a place or places within the council area at which, and a day or days, not less than seven or more than
twenty -one days after the publication of the notice in the newspaper, on which a nomination court will
sit in term s of section 46 to receive nominations of candidates for election as councillor or mayor, as the
case may be; and
(c) fix a day or days, not less than fourteen or more than forty -five days after the nomination day or last
nomination day, as the case may b e, fixed in terms of paragraph (b), on which a poll shall be taken if a
poll becomes necessary.
(3)The day on which the voters roll for the ward concerned is to be regarded as closed for the purposes of an
election to which this section applies shall be the day on which the vacancy occurred in the council concerned.
(4)Subject to this Part, the Commission may, by further notice, alter any place or day fixed in terms of su b-
section (2), and the place or day as so altered shall be deemed to have been fixed in terms of that subsection. [Section inserted byAct 17 of 2007 ] 122 …. [Section repealed byAct 1 of 2008 ] 123 ….. [Section repealed byAct 17 of 2007 ] Conduct of elections
124 …. [Section repealed byAct 17 of 2007 ] 125 Nomination of candidates
(1)A candidate for election in terms of this Part shall be nominated by means of a separate nomination paper
in the form prescribed, which —
(a) shall be signed by no fewer than five persons whose names are enrolled on the voters roll for the council
area c oncerned or, where the council area is divided into wards, on the voters roll for the ward co n-
cerned:
Provided that, where the council area is divided into wards the nomination paper of a candidate for
election to the office of mayor shall be signed by no fewer than five persons whose names are enrolled
on the voters roll for each such ward;
and
(b) shall be countersigned by the candidate or his or her duly authorised agent indicating his or her consent
to the nomination.
(2)Nomination papers may be lodged with the Commission at any time after the publication of the notice in
terms of section one hundred and twenty -four but before the closing of the nomination court on the day or last
day, as the case may be, fixed as nomina tion day in terms of that section.
(3)…. [Subsection repealed by Act 3of 2012 ] (4)If, at the closing of the nomination court on nomination day or the last nomination day, as the case may
be—
(a) only one candidate has been duly nominated to fill a si ngle vacancy or, where there is more than one
vacancy to be filled, the number of candidates who have been duly nominated is equal to or less than the
number of vacancies to be filled at the election, the candidate or candidates concerned shall be deemed
to have been duly elected and the Chief Elections Officer shall forthwith give notice in a newspaper and
post a notice at his or her offices showing the name or names of the candidate or candidates concerned:
Provided that, where one or more vacancies re main to be filled, a fresh election shall be held to fill
them and this Part shall apply, with any changes that may be necessary, as if the vacancy or vacancies
had occurred on nomination day;

69
(b) the number of candidates who have been duly nominated exceeds the number of vacancies to be filled at
the election, the Chief Elections Officer shall forthwith, by notice in a newspaper and posted at his or
her office, notify —
(i) the names of the candidates in respect of whom a poll will be taken; and
(ii) the date or dates of the poll; and
(iii) the situation of each polling station and the hours during which it will be open.
(c) the same person has been duly nominated for —
(i) more than one vacancy in the office of councillor; or
(ii) the office of mayor and one or more vacancies in the office of councillor;
his or her nomination for all the vacancies for which he or she has been duly nominated shall be void. [Paragraph inserted byAct 17 of 2007 ] (5)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 
(i) permit s the lodging of a nomination paper on his or her own behalf knowing that any signature
therein purporting to be that of a nominator is forged; or
(ii) fails to disclose any previous conviction as required in terms of paragraph (d)or (e)of subse c-
tion (2)of section one hundred and nineteen ;
shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not e x-
ceeding six months or to both such fine and such imprisonment and, in the case of a candidate, shall be disqual i-
fied from being nominated as a candidate for, or from election as, a councillor for a period of five years from the
date of conviction.
126 Withdrawal of candidate
(1)Subject to this Act, a person who has been duly nominated as a candidate at an election may, at any time
before polling day or the first polling day, as the case may be, in the election concerned, withdraw his or her ca n-
didacy by means of written notification to the Chief Elections Officer, signed by the candidate personally.
(2)Where the Chief Elections Officer is notified of a candidate’s withdrawal after the posting of a notice in
terms of paragraph (b)of subsection (4)of section one hundred and twenty -five , and —
(a) the number of remaining candidates is equal to or less t han the number of vacancies to be filled at the
election, the Chief Elections Officer shall declare the remaining candidate or candidates to be duly
elected and shall forthwith give notice in a newspaper and post a notice at his or her office showing the
name of the candidate or candidates concerned:
Provided that —
(i) if by virtue of an appeal against the rejection of a nomination paper, an additional candidate is to
be regarded as duly nominated, the Chief Elections Officer shall revoke his or her dec laration
and publish notice in a newspaper of the revocation, and a poll shall take place in accordance
with this Part;
(ii) where as a result of the withdrawal one or more vacancies remain to be filled, a fresh election
shall be held to fill them and thi s Part shall apply, with any changes that may be necessary, as if
the vacancy or vacancies had occurred on the date of the withdrawal;
(b) the number of remaining candidates still exceeds the number of vacancies to be filled at the election, the
Chief Ele ctions Officer shall take such steps as are reasonably practicable to ensure that —
(i) the withdrawal is brought to the attention of voters in the council area concerned; and
(ii) the name of the candidate who has withdrawn is either omitted or deleted from the ballot -paper.
127 Death of candidate
If a duly nominated candidate dies after the close of nominations and before the poll commences or, if the
poll has commenced, before its close, the Chief Elections Officer shall, on being satisfied of the fact of the
death —
(a) terminate all proceedings in respect of the election for the council area or ward concerned; and
(b) declare any proceedings already taken in relation to that election to be void; and
(c) give notice in a newspaper of the action s taken by him or her;
and all proceedings shall be commenced afresh as if a casual vacancy or special vacancy had occurred on the date
of the candidate’s death:
Provided that no fresh nomination shall be necessary in the case of a candidate who was duly n ominated at
the time when the proceedings were declared void if that candidate or his or her agent notifies the Chief Elections
Officer in writing of his or her intention to remain a candidate.

70
128 Entitlement to vote, number of votes a voter may cast, an d counting thereof
(1)Every person whose name appears on the voters roll prepared for the election concerned shall be entitled
to vote at an election held under this Part:
Provided that no such person shall be disqualified from voting if he or she satisf ies the presiding officer of the
polling station concerned as to his or her identity, notwithstanding that there may be a minor variation between his
or her name as it appears on the voters roll and on any identity document.
(2)The number of votes that a person referred to in subsection (1)may cast shall be —
(a) in the case of an election to the office of mayor, one vote;
(b) in the case of an election of councillors, where the council area is divided into wards, one vote;
(c) in the case of an electi on of councillors, where the council area is not divided into wards, one vote in
respect of each vacancy to be filled.
(3)The Chief Elections Officer shall give reasonable notice in writing to each candidate or his or her chief
election agent of the time and place where the counting of votes will take place.
129 Drawing of lots to determine result of election
If after the counting of votes has been completed an equality of votes is found to exist between two or more
candidates and the addition of one vot e would entitle any of the candidates to be declared elected, the Chief Ele c-
tions Officer shall, before two or more of the candidates and their agents, determine the candidate or candidates to
whom such one additional vote shall be deemed to have been give n by the drawing of lots, and shall thereafter
declare the candidate or candidates so determined.
130 Declaration and publication of result of election
(1)After ascertaining the result of the poll and any drawing of lots that may be required by section one hu n-
dred and twenty -nine , the Chief Elections Officer shall immediately declare the candidate or candidates, as the
case may be, for whom the majority of votes have been given to have been duly elected and the number of votes
given to each candidate.
(2)As soon as possible after the result of the election has been declared in terms of subsection (1), the Chief
Elections Officer shall give notice in a newspaper of the result, stating —
(a) the candidates, if any, who are deemed in terms of paragraph (a)of subsection (4)of section one hu n-
dred and twenty -five or paragraph (a)of subsection (2)of section one hundred and twenty -six to have
been elected; and
(b) the candidates who have been elected or are deemed to have been elected by a poll and the num ber of
votes given to each such candidate.
131 …. [Section repealed byAct 17 of 2007 ].
General
132 Alteration of dates and qualifying periods
(1)Where by this Part —
(a) anything is to be done by a particular date; or
(b) any person’s qualification or entitlement to be enrolled on a voters roll is determined as at or as from a
particular date;
the Commission may direct that, in relation to all councils or any particular council or class of councils, the thing
is to be done by a different date or, as the case may be, that the qualification or entitlement is to be determined as
at or as from a different date, and the provisions of this Part shall be construed in accordance with any such dire c-
tion.
(2)The Commission shall give notice of any direction in terms of subsection (1)in the Gazette and in a
newspaper.
133 Application of provisions of this Act to local authority elections
Subject to this Part, the provisions of this Act relating to the election of members of Parliament shall apply,
with any c hanges that may be necessary, to elections to which this Part applies as if any references therein to a
constituency centre or a constituency elections officer were references to a ward centre or a ward elections officer
respectively . [Section amended by A ct 3 of 2012 ] PART XVIIIA
INTIMIDATORY PRACTICES
[Part XVIIIA inserted byAct 17 of 2007 ]

71
133A Meaning of “intimidation”
For the purposes of this Part, a person shall be regarded as having done or attempted to do something through
intimidation if he or sh e achieves or attempts to achieve an object through any of the following methods —
(a) inflicting or threatening to inflict bodily injury upon a person; or
(b) abducting a person or detaining a person against his or her will; or
(c) causing or threatenin g to cause unlawful damage to a person’s property; or
(d) withholding or threatening to withhold from a person any assistance or benefit to which that person is
legally entitled; or
(e) illegally doing or threatening to do anything to the disadvantage of a person. [Section inserted byAct 17 of 2007 ] 133B Intimidation
A person who, through intimidation —
(a) compels or attempts to compel a person to sign or refrain from signing a nomination paper; or
(b) prevents or attempts to prevent a candidate from lodging a nomination paper with a constituency ele c-
tions officer; or
(c) compels or attempts to compel a person or persons generally —
(i) to vote for a political party or candidate; or
(ii) not to vote;
or
(d) compels or attempts to compel a person or persons generally to attend, or participate in any political
meeting, march, demonstration or other political event;
shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not e x-
ceeding five years or t o both such fine and such imprisonment. [Section inserted byAct 17 of 2007 ] 133C Preventing political party or candidate from campaigning
A person who, through intimidation, prevents or obstructs or attempts to prevent or obstruct a political party
or ca ndidate from campaigning in any election shall be guilty of an offence and liable to a fine not exceeding level
ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. [Section inserted byAct 17 of 2007 ] 13 3D Theft or destruction of voter identification
A person who, in order to prevent or discourage another person from voting in an election, takes, destroys or
damages any proof of identity, voters registration certificate or other document by which that ot her person may be
identified as a voter, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment
for a period not exceeding one year or to both such fine and such imprisonment. [Section inserted byAct 17 of 2007 ] 133E Additional punishment for intimidation
(1)Where the High Court convicts a person of an offence under this Part, the court may, in addition to any
other punishment, declare the person to be incapable, for a period not exceeding five years from the date of his or
her conviction, of —
(a) being registered as a voter or voting at an election; or
(b) filling a public office, other than a public office the tenure of which is regulated exclusively by or in
terms of the Constitution;
and, if the person holds a public office that is covered by a declaration under paragraph (b), the High Court may
declare the office to be vacant as from the date of the conviction.
(2)Notwithstanding any other law, where the High Court has declared a public office to be vacant i n terms of
subsection (1), that office shall be vacant from the effective date of the declaration. [Section inserted byAct 17 of 2007 ] PART XVIIIB
MEASURES AGAINST POLITICALLY -MOTIVATED VIOLENCE AND INTIMIDATION
[Part XVIIIB (sections 133F –133K )inserted by Act 3 of 2012 ] 133F Interpretation in Part XVIIIB
In this Part —
“intimidation” has the meaning assigned to it in section 133A;
“Special Investigation Committee” means a Special Investigation Committee established in terms of section
133H;
“special police liaison officer” means a senior police officer appointed in terms of section 133H (1).
133G Responsibilities of political parties and candidates
Every office -bearer of a political party that is contesting an election, and every candidate and election agent —

72
(a) shall take all appropriate measures to prevent politically -motivated violence and any electoral malpra c-
tices before, during and after the election period; and
(b) shall in the case of an office -bearer of a political party, take effective steps to discipline all members of
the party who engage in politically -motivated violence or who commit any electoral malpractice before,
during or after the election period; and
(c) whenever called upon to do so by the Commission, shall public ly undertake to abide by the code of co n-
duct for political parties and candidates set out in the Fourth Schedule.
133H Appointment and functions of special police liaison officer and Special Investigation
Committee
(1)For the purpose of every general el ection and by -election, the Commission -General of Police shall, in
consultation with the Zimbabwe Human Rights Commission, appoint a senior police officer for each provincial
centre who shall be the special police liaison officer responsible for the expedi tious investigation of cases of poli t-
ically -motivated violence or intimidation within that province which come to the attention of the police, a mult i-
party liaison committee, the Commission or the Zimbabwe Human Rights Commission during the election period .
(2)To assist each special police liaison officer, the Zimbabwe Human Rights Commission shall, in consult a-
tion with the Commission, establish a Special Investigation Committee for each provincial centre, to be chaired by
a Zimbabwe Human Rights Commissi oner or a member of the staff of the Zimbabwe Human Rights Commission
chosen by the Zimbabwe Human Rights Commission, and consisting of —
(a) the special police liaison officer for the province in question; and
(b) two representatives of each political p arty contesting the election, who shall be selected by the party
concerned:
Provided that an independent candidate contesting a Presidential election shall be entitled to select
two representatives to represent him or her on the committee.
(3)Section 11 (“Provisions to ensure independence, impartiality and professionalism of Commissioners and
staff and agents of Commission” )shall apply, with any necessary changes, to the members of a Special Investig a-
tion Committee appointed under subsection (3).
(4)Where a Special Investigation Committee becomes aware, whether through the police, a multiparty lia i-
son committee, the Commission or the Zimbabwe Human Rights Commission or otherwise, of any case of polit i-
cally -motivated violence or intimidation within th e province for which it was appointed, it shall direct the special
police liaison officer to conduct the required investigations, and may for that purpose, if the members so resolve,
accompany the special police liaison officer during his or her investigat ions.
(5)Where members of the Committee have resolved to accompany the special police liaison officer for the
purposes of an investigation under this section, they shall have the powers of peace officers under the Criminal
Procedure and Evidence Act [Chap ter 9:07 ].
133I Powers of Commi ttee safter investigation of alleged violence or intimidation
If, after any investigation in terms of section 133H, the Committee considers that an incident of politically –
motivated violence or intimidation did take place, the Commi ttee may take any of the following steps —
(a) where the violence or intimidation was perpetrated by a candidate or his or her election agent, warn the
candidate that he or she may be prosecuted and prohibited from campaigning in the election; or
(b) where the violence or intimidation was perpetrated by a supporter of a political party or of a candidate,
remind the leader or deputy leader of the political party, or the candidate, that he or she has an obligation
to take effective steps to prevent his or her supporters from engaging in politically -motivated violence or
intimidation , and warn him or her that he or she may be prosecuted and, in the case of a candidate, pr o-
hibited from campaigning in the election; or
(c) if any warning referred to i n the foregoing paragraphs has gone unheeded, or if the Committee believes
that the incident in question is of a very extensive or serious nature, the Committee shall, as soon as
possible, submit a written report of the incident identifying (to the extent it is able to do so )the perpetr a-
tors of the violence or intimidation, together with a summary of any evidence it has gathered in support
of its findings, to any prosecutor appointed in terms of section 133J (4)in the province for whi ch the
Committee is re sponsible.
133J Investigations, prosecutions and trials of cases of politically -motivated violence and int i-
midation
(1)Immediately after an election is called, the Commissioner -General of Police, in consultation with the
Zimbabwe Human Rights Commission , shall establish one or more special police units to investigate cases of p o-
litically -motivated violence and intimidation arising from the election.
(2)The police officers constituting the special police units established in terms of subsection (1)shal l inve s-
tigate as expeditiously as possible all cases of politically -motivated violence and intimidation that are referred to
them by the police, a multiparty liaison committee, the Commission or the Zimbabwe Human Rights Commission
or are otherwise brought to their attention.

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(3)Immediately after an election is called, the Judicial Service Commission shall designate one or more m a-
gistrates in each province in which the election is to be held, to try cases involving politically -motivated violence
and intim idation, and the magistrates so designated shall give priority to all such cases and ensure that they are
brought to trial and completed as expeditiously as possible.
(4)The Attorney -General shall ensure that during every election period sufficient compe tent prosecutors are
provided to ensure that all cases of politically -motivated violence and intimidation arising within the area in which
the election is being held are processed quickly and brought to court as soon as possible before the magistrates
desi gnated in terms of subsection (3).
133K Special penalty for politically -motivated violence or intimidation
(1)A court which convicts a person of an offence involving politically -motivated violence or intimidation
committed during an election period may, in addition to any other penalty it imposes on the convicted person,
prohibit him or her from campaigning or taking any further part in the election.
(2)Where a person has been prohibited in terms of subsection (1)from campaigning or taking any further
part in an election, that person shall not, during the election period —
(a) attend or address any meeting of a political nature at which more than three other persons are present;
or
(b) encourage, urge or persuad e any other person to cast his or her vote in the election for a particular polit i-
cal party or candidate;
but the person may vote in the election and, if he or she has been duly nominated as a candidate in the election, his
or her name may appear on the ba llot -papers in the election.
(3)Any person who contravenes subsection (2)shall be guilty of an offence and liable to a fine not excee d-
ing level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
(4)Wh ere a magistrates court convicts a person of an offence involving politically -motivated violence or i n-
timidation committed during an election period, the court may adjourn the case in terms of section 54 (2)of the
Magistrates Court Act [Chapter 7:10 ]and, if the case is thereafter transferred to the High Court for sentence in
terms of section 224 of the Criminal Procedure and Evidence Act [Chapter 9:07 ], the High Court may, in addition
to any other penalty it imposes on the convicted person, declare him or her to be incapable, for a period not e x-
ceeding five years from the date of the conviction, of —
(a) being registered as a voter or of voting at an election; or
(b) filling a public office, other than a public office the tenure of which is regulated excl usively by or in
terms of the Constitution;
and, if the convicted person holds any such public office, the High Court may declare that the office shall be v a-
cated by him or her as fr om the date of the conviction.
PART XIX
CORRUPT PRACTICES
134 Undue influence
(1)Any person who, directly or indirectly, by himself or herself or by any other person —
(a) makes use of or threatens to make use of any force, violence or restraint upon or against any person; or
(b) inflicts or threatens to inflict by hims elf or herself or by any other person any injury, damage, harm or
loss upon or against any person; or
(c) does or threatens to do anything to the disadvantage of any person;
in order to induce or compel that person —
(i) to sign a nomination paper or refr ain from signing a nomination paper; or
(ii) to vote or refrain from voting;
shall be guilty of the offence of undue influence and liable to a fine not exceeding level fourteen or to impriso n-
ment for a period not exceeding two years or to both such fine a nd such imprisonment.
(2)Any person who, directly or indirectly, by himself or herself or by any other person —
(a) makes use of or threatens to make use of any force, violence or restraint upon or against any person; or
(b) inflicts or threatens to inf lict by himself or herself or by any other person any injury, damage, harm or
loss upon or against any person; or
(c) does or threatens to do anything to the disadvantage of any person;
on account of that person —
(i) having signed or refrained from signi ng a nomination paper; or
(ii) having voted or refrained from voting at any election;
shall be guilty of the offence of undue influence and liable to a fine not exceeding level fourteen or to impriso n-
ment for a period not exceeding two years or to both su ch fine and such imprisonment.
(3)Any person who by abduction, duress or threats or by fraudulent device or contrivance —

74
(a) impedes or prevents the exercise of his or her vote by a voter; or
(b) compels, induces or prevails upon a voter either to vote or to refrain from voting at an election;
shall be guilty of the offence of undue influence and liable to a fine not exceeding level seven or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
135 …. [Section repealed byAct 17 of 2007 ].
136 Bribery
(1)Subject to subsection (2), any person who, directly or indirectly, by himself or herself or by any other
person —
(a) gives, lends or procures or agrees to give, lend or procure or offers or promises to procure or to ende a-
vour to procure, any money to or for any person on behalf of a voter, or to or for any other person in o r-
der to induce a voter to vote or refrain from voting, or who corruptly does any such act as aforesaid on
account of such voter havin g voted or refrained from voting at any election; or
(b) gives, lends or agrees to give or lend, or offers or promises to procure or to endeavour to procure, any
money to or for a voter, or to or for any other person on behalf of a voter, or to or for any other person,
for acting or joining in any procession or demonstration before, during or after an election; or
(c) makes any such gift, loan, offer, promise, procurement or agreement to or for any person in order to i n-
duce such person to procure or to en deavour to procure the return of a candidate at an election or the
vote of a voter at an election; or
(d) upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or
engages or promises or endeavours to procure, th e return of a candidate at an election or the vote of a
voter at an election; or
(e) advances or pays any money to or for the use of any other person, with the intent that such money, or
any part thereof, shall be expended in bribery at an election, or wh o knowingly pays any money to any
person in discharge or repayment of any money wholly or in part expended in bribery at an election; or
(f) before or during an election, receives or contracts for any money or loan for himself or herself or for any
other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at an ele c-
tion; or
(g) after an election receives any money on account of any person having voted or refrained from voting or
having induced any other person to vot e or refrain from voting at an election; or
(h) conveys or transfers any property or pays any money to any person for the purpose of enabling him or
her to be registered as a voter, thereby to influence his or her vote at a future election, or pays any mo n-
ey on behalf of a voter for the purpose of inducing him or her to vote or refrain from voting;
shall be guilty of the offence of bribery and liable to a fine not exceeding level seven or to imprisonment for a
period not exceeding two years or to both such fine and such imprisonment.
(2)Nothing in subsection (1)shall be construed as applying to any money paid or agreed to be paid for or on
account of any expenditure bona fide and lawfully incurred in respect of the conduct or management of an ele c-
tion.
137 Personation
Any person who —
(a) at an election applies for a ballot paper in the name of some other person, living or dead, or a fictitious
person; or
(b) having voted once at an election, applies again at the same election for a ballot paper; or
(c) not being entitled to do so in terms of section seventy -five , marks a postal ballot paper so as to indicate
thereon a vote for a candidate;
shall be guilty of the offence of personation and liable to a fine not exceeding level seven or to imprisonment fo r a
period not exceeding two years or to both such fine and such imprisonment.
138 Additional penalties for corrupt practices
Any person convicted of a corrupt practice by the High Court may, in addition to any other punishment, be
declared to be incapabl e, for a period not exceeding five years from the date of his or her conviction, of —
(a) being registered as a voter or voting at an election; or
(b) filling a public office, other than a public office the tenure of which is regulated exclusively by or i n
terms of the Constitution, and, if he or she holds any such office, the High Court may declare that that
office shall be vacated by him or her as from the date of his or her conviction.
PART XX
ILLEGAL PRACTICES AND OTHER OFFENCES
139 Certain expenditur e an illegal practice
(1)No person shall, for the purpose of promoting or procuring the election of a candidate at an election —

75
(a) incur election expenses in respect of any matter or in any manner constituting an offence under this Act
or any other law or in respect of any matter or thing payment for which is prohibited by this Act or such
law; or
(b) receive any payment or be a party to any contract for payment, whether before, during or after an ele c-
tion —
(i) for any of the matters specified in para graph (a); or
(ii) to a voter on account of the use of any premises for the exhibition of any address, bill, poster or
notice or on account of the exhibition of any address, bill, poster or notice.
(2)Subparagraph (ii)of paragraph (b)of subsection (1)shall not apply in respect of any payment or contract
made in the ordinary course of business to or with a voter whose ordinary business it is as an advertising agent to
exhibit bills and advertisements for payment.
(3)Any person who contravenes subsect ion (1)shall be guilty of an illegal practice and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such i m-
prisonment.
140 Unauthorised election expenses
Any person who, without th e express or implied authority of a candidate or his or her chief election agent, i n-
curs election expenses in relation to that candidate shall be guilty of an illegal practice and liable to a fine not e x-
ceeding level five or to imprisonment for a period no t exceeding six months or to both such fine and such impr i-
sonment.
141 Penalty for providing money for payments contrary to this Act
Any person who knowingly provides money —
(a) for any payment which is contrary to this Act; or
(b) for any election expe nses in excess of the maximum amount allowed by this Act; or
(c) for replacing any money expended in any such payment or expenses, except where the same is allowed
under this Act to be an exception;
shall be guilty of an illegal practice and liable to a f ine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
142 Certain employment prohibited
(1)No person shall, for the purpose of promoting or procuring the election of a candidate at an election, e n-
gage or employ any other person for payment or promise of payment for any purpose or in any capacity whatever
for which election expenses may not be incurred.
(2)Any person who engages or employs another person in contravention of subsect ion (1)shall be guilty of
an illegal practice, and the person so engaged or employed shall also be guilty of an illegal practice if he or she
knew that he or she was engaged or employed in contravention of subsection (1).
(3)Any person guilty of an ille gal practice in terms of this section shall be 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.
143 Corrupt procurement of candidate
(1)Any person who corruptly induces or procures any other person to become a candidate or to withdraw
from being a candidate at an election in consideration of any payment or promise of any nature shall be guilty of
an illegal practice and any person who becomes a candidate or withdraws from being a candidate in pursuance of
such inducement or procurement shall also be guilty of an illegal practice:
Provided that this section shall not apply to any payment or promise of payment of election expenses.
(2)Any person guilty of an illegal practice in terms of subsection (1)shall be liable to a fine not exceeding
level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
144 Betting prohibited
Any person who stakes any money or undertakes to stake any money on any contingency relating to the no m-
ination of a candidate for election in terms of this Act or the result of a poll taken in terms of this Act shall be
guilty of an illegal practice and liable to a fine not exceeding lev el four or to imprisonment for a period not e x-
ceeding three months or to both such fine and such imprisonment.
145 …. [Section repealed byAct 17 of 2007 ].
146 Prohibited symbols
(1)The Commission may, by statutory instrument, declare that any symbol o r representation of an animal,
bird or thing shall be a prohibited symbol for the purposes of this section.
(2)No person shall use, possess, display, publish or wear any object or thing which consists of, incorporates
or bears a prohibited symbol if the use, possession, display, publishing or wearing of that object or thing furthers
or is calculated or likely to further the objects or activities of a candidate or a political party for the purpose of an
election.

76
(3)Without limiting the generality of sub section (2), the prohibition contained therein shall extend to the use,
possession, display, publishing or wearing, as the case may be, of —
(a) banners, flags or badges;
(b) uniforms, T -shirts, dresses or other articles of clothing of whatever kind;
(c) letterheads, pamphlets, circulars, manifestos, notices or advertisements;
consisting of, incorporating or bearing a prohibited symbol.
(4)Any person who contravenes subsection (2)shall be guilty of an illegal practice and liable to a fine not
exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such
imprisonment.
(5)In any proceedings in respect of a contravention of subsection (2)—
(a) if it is proved that the person who is alleged to have contrave ned subsection (2)was, at the time of the
contravention —
(i) a member, official or supporter of a political party; or
(ii) an agent or supporter of a candidate;
he or she shall be deemed to have contravened the subsection in order to further the obje cts or activities
of the political party or candidate, as the case may be, unless the contrary is proved;
(b) if it is proved that, at any time before an election, an object or thing consisting of, incorporating or bea r-
ing a prohibited symbol was used, possessed or worn in the presence of, or displayed or published to, a
person who at the time was qualified to be registered as a voter, the object or thing shall be deemed to
have been used, possessed, worn, displayed or published, as the case may be, for the purpose of that
election unless the contrary is proved.
147 Prohibition of certain activities in vicinity of polling stations
(1)Without derogation from any other provision of this Act or any other enactment, no person shall, within
three hundred me tres of any polling station on any polling day —
(a) convoke or take part in any gathering of more than twelve persons; or
(b) canvass for votes; or
(c) utter slogans; or
(d) distribute leaflets or pamphlets for or on behalf of any candidate or politica l party; or
(e) organise or engage in public singing or dancing; or
(f) use bands or music or loudspeaker vans or apparatus. [Section amended by2007 ] (2)Any person who contravenes subsection (1)shall be guilty of an illegal practice and liable to a f ine not
exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such impr i-
sonment.
148 Procuring prohibited persons to vote; false statements re withdrawal of candidates
(1)Any person who votes or induces or p rocures any person to vote at an election, knowing that he or she or
that person is prohibited by law from voting at that election, shall be guilty of an illegal practice and liable to a
fine not exceeding level ten or to imprisonment for a period not exce eding two years or to both such fine and such
imprisonment.
(2)Any person who, before or during an election, publishes a false statement of the illness, death or wit h-
drawal of a candidate at that election for the purpose of promoting or procuring the ele ction of another candidate,
knowing that statement to be false or not knowing or believing it to be true, shall be guilty of an illegal practice
and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to bo th
such fine and such imprisonment.
(3)A candidate shall not be liable nor shall his or her election be rendered void for any illegal practice under
this section committed by the candidate’s agent other than his or her chief election agent.
149 Obstruct ion of voters
Any person who, at an election, wilfully obstructs a voter, either at the polling station or on his or her way
thereto or therefrom, shall be guilty of an illegal practice and liable to a fine not exceeding level six or to impr i-
sonment for a period not exceeding one year or to both such fine and such imprisonment.
150 Additional penalties for illegal practices
Where a person has been convicted by the High Court of an illegal practice and no other incapacity is specia l-
ly provided for in this Act in respect of such conviction, that person shall be liable, in addition to any other pena l-
ty, to be declared by the High Court to be incapable, for a period not exceeding five years from the date of his or
her conviction, of —
(a) being registered as a voter or of voting at an election; or
(b) filling a public office, other than a public office the tenure of which is regulated exclusively by or in
terms of the Constitution, and, if he or she holds any such office, the High Court may declare that that
office shall be vacated by him or her as from the date of his or her conviction.

77
151 Preventing holding of lawful political meeting, etc.
Any person who prevents the holding of any lawful political meeting, march, procession or demonstration or
other lawfu l political event that was to have been held for the purpose of an election shall be guilty of an offence
and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both
such fine and such imprisonment.
15 2 Destruction of political posters, etc.
(1)Subject to subsection (2), from the date on which an election is called until its result is declared, no pe r-
son shall deface or remove any billboard, placard or poster published, posted or displayed by a polit ical party or
candidate contesting the election.
(2)Subsection (1)does not apply to the removal or defacement of a billboard, placard or poster by or at the
direction of —
(a) the person who published, posted or displayed it; or
(b) the owner or occupier of the land or premises on which it is published, posted or displayed in contrave n-
tion of section one hundred and fifty -three .
(3)Any person who contravenes subsection (1)shall be guilty of an offence and liable to a fine not excee d-
ing level te n or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
153 Defacing property for political purposes
(1)Any person who, with the object of supporting or opposing any political party, political cause or cand i-
date, whether or not in reference to any election, places any bill, placard, poster, pamphlet, circular or other do c-
ument, writing or painting on, or otherwise defaces, any house, building, wall, fence, lamp -post, gate or elevator
without the consent of th e owner or occupier thereof, shall be guilty of an offence and liable to a fine not excee d-
ing level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such impr i-
sonment.
(2)Subject to Part XIX of the Criminal Proced ure and Evidence Act [Chapter 9:07 ], a court which has co n-
victed a person of any offence in terms of subsection (1)shall forthwith award compensation, including the costs
of restoring the property to its former condition, to any person whose right or inte rest in property of any descri p-
tion has been lost or diminished as a direct result of the offence.
154 Aggravating circumstances in relation to offences under sections 151, 152 and 153
It shall be an aggravating circumstance in relation to the commission of an offence under section one hundred
and fifty -one ,one hundred and fifty -two or one hundred and fifty -three if the person convicted of such offence
committed it while falsely claiming or representing himself or herself to be acting on behalf of any ins titution of
the State or a political party, with the intention of discrediting such institution or political party.
PART XXI
FURTHER PROVISIONS RELATING TO CORRUPT PRACTICES ,ILLEGAL PRACTICES AND OTHER OFFENCES
155 When election void owing to corrupt or illegal practices
Subject to sections one hundred and forty -eight ,one hundred and fifty -six and one hundred and fifty -seven —
(a) if upon the trial of an election petition the Electoral Court declares that any electoral malpractice has
been committed with reference to the election the subject of the petition, by or with the knowledge and
consent or approval of the candidate returned at that election, or by or with the knowledge and consent
or approval of any of his or her agents, and the effect of such pra ctice was, in the opinion of the Electo r-
al Court, such as to have materially affected the outcome of that election, the election of that candidate
shall be void, and a fresh election shall thereupon be held; [Paragraph amended byAct 17 of 2007 ] (b) if a candidate or his or her chief election agent is found at the said trial to have committed any electoral
malpractice that candidate or agent may be declared by the Electoral Court to be incapable, for a period
not exceeding five years from the date of the f inding, of —
(i) being registered as a voter or of voting at an election; or
(ii) filling a public office, other than a public office the tenure of which is regulated exclusively by
or in terms of the Constitution, and, if he or she holds any such office, the Electoral Court may
declare that that office shall be vacated by him or her as from the date of the finding. [Paragraph amended byAct 17 of 2007 ] 156 When election not void
When upon the trial of an election petition the Electoral Court finds that a candidate at the election the subject
of the petition has been guilty by his or her agent of an electoral malpractice with reference to that election, and
the candidate has proved to the satisfaction of the Electoral Court that —
(a) no electoral malpract ice was committed at that election by the candidate himself or herself or by his or
her chief election agent and that the offences mentioned in the said finding were committed without the
sanction or connivance of the candidate or his or her chief election agent; and

78
[Paragraph amended byAct 17 of 2007 ] (b) the candidate and his or her chief election agent took all reasonable precautions for preventing the co m-
mission of electoral malpractices, corrupt practices and illegal practices at that election; an d [Paragraph amended byAct 17 of 2007 ] (c) the offences mentioned in the finding were of a trivial, unimportant and limited character;
then the election of that candidate shall not, by reason of the offences mentioned in the finding, be void, nor shall
the candidate or the chief election agent be subjected to any incapacity under this Act.
157 When Electoral Court may hold certain acts or omissions to be exempt from provisions of
this Act
(1)When it appears to the Electoral Court, either on application or upon an election petition, that —
(a) any act or omission of a candidate at an election or of his or her chief election agent or of another agent
or person, which but for this section would be an illegal practice, has been done or made in good faith
through inadvertence or accidental miscalculation or some other reasonable cause of a like nature; and
(b) by reason of the circumstances it would be just that the candidate or his or her chief election agent or
other agent or person, or any of them, should not be subject to any of the consequences under this Act of
the said act or omission;
the Electoral Court may make an order allowing the act or omission to be an exception from the provisions of this
Act which would otherwise make the act or omission an i llegal practice, and thereupon the candidate, agent or
person shall not be subject to any of the consequences under this Act of the said act or omission.
(2)Where application is made for relief in terms of subsection (1), the Electoral Court, before hear ing the
application, shall be satisfied that reasonable notice of the application has been given in the constituency or area in
which the election was held.
158 Hearing of person accused of corrupt practice or illegal practice
Before any person, not being a party to an election petition or a candidate on behalf of whom the seat is
claimed by an election petition, is found by the Electoral Court to have been guilty of any electoral malpractice,
the Electoral Court shall cause notice to be given to such pers on and, if he or she appears in pursuance of the n o-
tice, shall give him or her an opportunity of being heard and of calling evidence to show why no such finding
should be recorded against him or her. [Subsection amended byAct 17 of 2007 ] 159 Finding on c harge of electoral malpractice
Any person charged with —
(a) a corrupt practice may, if the circumstances warrant such a finding, be found guilty of an intimidatory
practice or an illegal practice;
(b) an intimidatory practice may, if the circumstances wa rrant such a finding, be found guilty of a corrupt
practice or an illegal practice;
(c) an illegal practice may be found guilty of that offence notwithstanding that the act constituting the o f-
fence amounted to a corrupt practice or an intimidatory practic e. [Section substituted byAct 17 of 2007 ] 160 When creditors not prejudiced in respect of prohibited payment
(1)The provisions of this Act prohibiting certain payments and contracts for payments and the payment of
any sum and the incurring of any expenses in excess of a certain maximum, shall not affect the right of any cred i-
tor who, when the contract was made or the expense was incurred, was ignorant of the same being in contrave n-
tion of this Act.
(2)Notwithstanding subsection (1), no legal proc eedings shall be maintainable by any person licensed to sell
intoxicating liquor or by the owner or keeper of any shop or place of entertainment against a candidate or an ele c-
tion agent of a candidate for any liquor, food or refreshment of any kind supplie d upon the credit of such cand i-
date or agent during the progress of an election, except in respect of such liquor, food or refreshment as may have
been supplied to the candidate or his or her chief election agent for their personal consumption, the payment wh e-
reof is under this Act part of the personal expenses allowed to the candidate.
PART XXIA
CONFLICT MANAGEMENT
[Part XXIA inserted byAct 17 of 2007 ] 160A Interpretation in Part XXIA
In this Part —
“Code” means the Electoral Code of Conduct for Political Parties and Candidates set out in the Fourth Sch e-
dule;
“multiparty liaison committee” means a national multiparty liaison committee, a constituency multiparty lia i-
son committee or a local authority multiparty liaison committee.

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[Section inserted byAct 17 of 2007 ] 160B Constitution of multiparty liaison committees
(1)As soon as possible after the close of nominations in an election, the Commission shall appoint —
(a) a national multiparty liaison committee, in the case of a Presidential election or gene ral election for the
purpose of electing members of the House of Assembly;
(b) a constituency multiparty liaison committee for each constituency in which the election is contested, in
the case of a Presidential election, general election for the purpose o f electing members of the House of
Assembly or by -election to fill a casual v acancy in the House of Assembly;
(c) a local authority multiparty liaison committee for each local authority area in which the election is co n-
tested, in the case of a general ele ction of councillors or local authority by -election to fill a casual or
special vacancy in any council.
(2)A multiparty liaison committee shall, in the case of —
(a) a national multiparty liaison committee, consist of a Commissioner as the chairperson an d—
(i) two representatives of each political party contesting the election, who shall be selected by the
party concerned:
Provided that an independent candidate contesting a Presidential election shall be entitled to
select two representatives to repre sent him or her on the committee;
(ii) any person invited by the representatives of every political party represented in the liaison co m-
mittee;
(b) a constituency multiparty liaison committee, consist of a representative of the Commission selected by
the Commission and —
(i) a representative of each political party contesting the election, who shall be selected by the party
or candidate concerned:
Provided that an independent candidate contesting an election at a particular constituency
shall be entitled to select two representatives to represent him or her on the committee for that
constituency;
and
(ii) any person invited by the representatives of every political party represented in the liaison co m-
mittee;
(c) a local authority multiparty li aison committee, consist of a representative of the Commission selected by
the Commission and —
(i) a representative of each political party contesting the election, who shall be selected by the party
or candidate concerned:
Provided that an independent candidate contesting an election at a particular ward shall be
entitled to a representative to represent him or her on the committee for that ward;
(ii) any person invited by the representatives of every political party represented in the liaison co m-
mitt ee. [Section inserted byAct 17 of 2007 ] 160C Functions of multiparty liaison committee
(1)The functions of a multiparty liaison committee shall be —
(a) to hear and attempt to resolve any disputes, concerns, matters or grievances relating to the electoral
process, including in particular any disputes arising from allegations concerning non -compliance with
the Code; and
(b) in the case of a national multiparty liaison committee —
(i) to create and establish multiparty liaison subcommittees in each province; and
(ii) to delegate any of its functions to any multiparty liaison subcommittee; and
(iii) to monitor, supervise or direct the activities of multiparty liaison subcommittees;
(c) to immediately report upon and refer to the Commission any dis putes, concerns, matters or grievances
relating to the electoral process; and
(d) to request the Commission to mediate or appoint an independent mediator to resolve any dispute, co n-
cern, matter or grievance relating to the electoral process; and
(e) to p resent to the Commission any reports, assessments, records or recommendations relating to the ele c-
toral process; and
(f) generally, to assist in implementing the Code.
(2)The Commission or an independent mediator referred to in subsection (1)(d)shall e ndeavour to resolve
any dispute, concern, matter or grievance relating to the electoral process referred for mediation within the time
requested by the multiparty liaison committee or within a reasonable time. [Section inserted byAct 17 of 2007 ] 160D Decisions of multiparty liaison committees
The decisions of the multiparty liaison committee shall be made by consensus.

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[Section inserted byAct 17 of 2007 ] PART XXIB
MEDIA COVERAGE OF ELECTIONS
[Part XXIB (sections 160E –160H )inserted by Act 3 of 2012 ] 160E Interpretation in Part IVA
In this Part —
“broadcaster” means a person who operates a broadcasting service for the transmission of television or radio
programmes to the public or any substantial section of the public, whether the transmission is effe cted by
wireless or other means;
“print publisher” means a person who publishes a newspaper, magazine or other printed document at regular
intervals for sale or distribution to the public generally;
“public broadcaster” means a broadcaster that is owned or controlled by the State.
160F Application of Part XXIB in relation to other media laws
In the event of inconsistency between this Part and the Broadcasting Services [Chapter 12:06 ](No. 3 of
2001 ), the Access to Information and Protection of Privacy [Chapter 10:27 ](No. 5 of 2002 )or any other enac t-
ment, this Part shall prevail over that enactment to the extent of the inconsistency.
160G Access to public broadcasting media
(1)Public broadcasters shall afford all political parties and independent candidates contesting an election
such free access to their broadcasting services as may be prescribed.
(2)Regulations made for the purposes of subsection (1)shall provide for —
(a) the total time to be allocated to each political party and candidate an d the duration of each broadcast that
may be made by or on behalf of a party or candidate; and
(b) the times at which broadcasts made by political parties and candidates are to be transmitted; and
(c) the areas to which broadcasts made by political par ties and candidates are to be transmitted;
and the regulations shall ensure —
(d) a fair and balanced allocation of time between each political party and independent candidate; and
(e) that each political party and independent candidate is allowed a reas onable opportunity to present a case
through the broadcasting service concerned.
160H Political advertising in broadcasting and print media
(1)A broadcaster or print publisher shall not be obliged, subject to section 160G, to publish any advertis e-
ment b y or on behalf of a political party or candidate contesting an election, but if the broadcaster or publisher is
prepared to publish any such advertisement —
(a) it shall offer the same terms and conditions of publication, without discrimination, to all the political
parties and candidates contesting the election; and
(b) the price it charges for publication shall be at the lowest rate it offers to publishers of commercial adve r-
tisements; and
(c) every such publication shall be identified clearly as an a dvertisement.
(2)Subsection (1)shall not be construed as obliging a broadcaster or print publisher to publish an advertis e-
ment which would render the broadcaster or publisher liable to any criminal or delictual penalty.
160I Publication of electoral inf ormation in public interest
(1)If required to do so by the Commission, broadcasters and print publishers shall publish statements issued
by the Commission for the purpose of informing voters about aspects of the electoral process.
(2)The Commission shall pay for the publication of any statement referred to in subsection (1)such reason a-
ble amount as may be agreed between it and the broadcaster or print publisher concerned.
160J Conduct of news media during election period
During an election period broadcasters and print publishers shall ensure that —
(a) all political parties and candidates are treated equitably in their news media, in regard to the extent, ti m-
ing and prominence of the coverage accorded to them;
(b) reports on the e lection in their news media are factually accurate, complete and fair;
(c) a clear distinction is made in their news media between factual reporting on the election and editorial
comment on it;
(d) inaccuracies in reports on the election in their news me dia are rectified without delay and with due
prominence;
(e) political parties and candidates are afforded a reasonable right of reply to any allegations made in their
news media that are claimed by the political parties or candidates concerned to be fals e;
(f) their news media do not promote political parties or candidates that encourage violence or hatred against
any class of persons in Zimbabwe;

81
(g) their news media avoid language that —
(i) encourages racial, ethnic or religious prejudice or hatred; or
(ii) encourages or incites violence; or
(iii) is likely to lead to undue public contempt towards any political party, candidate or class of pe r-
son in Zimbabwe.
160K Monitoring of media by Commission
(1)The Commission, with the assistance, at its request, of the Zimbabwe Media Commission established by
section 100N of the Constitution, and the Broadcasting Authority of Zimbabwe established by section 3 of the
Broadcasting Services Act [Chapter 12:06 ](No. 3 of 2001 ), shall monitor the Zimbabwean news media during
any election period to ensure that political parties, candidates, broadcasters, print publishers and journalists o b-
serve the provisions of this Part.
(2)In its post -election report the Commission shall include a report on the coverage o f the election by the
news media, for which purpose the Zimbabwe Media Commission and the Broadcasting Authority of Zimbabwe
will furnish the Commission with such information and reports as the Commission may request.
(3)This section shall not be constru ed as preventing anyone other than the Zimbabwe Media Commission
from monitoring news media and reporting on their conduct during an election period .
PART XXII
ESTABLISHMENT ,COMPOSITION AND RULES OF ELECTORAL COURT
161 Establishment and jurisdiction of E lectoral Court
(1)There is hereby established a court, to be known as the Electoral Court, which shall be a court of record.
(2)The Electoral Court shall have exclusive jurisdiction —
(a) to hear appeals, applications and petitions in terms of this Act; and
(b) to review any decision of the Commission or any other person made or purporting to have been made
under this Act;
and shall have power to give such judgments, orders and directions in those matters as might be given by the High
Court:
Provid ed that the Electoral Court shall have no jurisdiction to try any criminal case.
(3)Judgments, orders and directions of the Electoral Court shall be enforceable in the same way as jud g-
ments, orders and directions of the High Court. [Section substituted by Act 3 of 2012 ] 162 Judges of Electoral Court and composition thereof
(1)The Chief Justice shall, after consultation with the Judicial Service Commission and the Judge President
of the High Court, appoint at least two judges of the High Court to be Ju dges of the Electoral Court for such a p e-
riod as he or she may specify in such appointment. [Subsection substituted byAct 17 of 2007 and amended by Act 3 of 2012 ] (2)The Electoral Court’s jurisdiction may be exercised by a Judge of the Electoral Court s itting alone or with
one or more assessors appointed in terms of section one hundred and sixty -three .
163 Assessors
(1)Subject to this section, a Judge of the Electoral Court may require the Registrar of the Electoral Court to
appoint two persons from t he appropriate list of persons referred to in subsection (2)to assist him or her as asse s-
sors in determining any matter that is required to be determined in any case before the Electoral Court.
(2)The Chief Justice and the Judge President shall prepare a list of the names of at least ten persons who
have knowledge or experience to act as assessors and who are otherwise suitable for appointment as such.
(3)The Registrar of the Electoral Court shall, when so directed by a judge of the Electoral Court, ch oose as
assessors at the trial of an election petition two persons whose names appear on a list prepared in terms of subse c-
tion (2).
(4)Before an assessor enters upon his duties for the first time, he or she shall take an oath before the Judge of
the Ele ctoral Court that he or she will faithfully perform his or her duties as a member of the Electoral Court.
(5)An assessor appointed in terms of subsection (1)shall act in an advisory capacity only and shall not be
entitled to a vote in the decision of th e Electoral Court.
(6)An assessor shall be paid such remuneration and allowances as the Minister, with the consent of the M i-
nister responsible for finance, may fix.
164 Registrar of Electoral Court
(1)The Registrar of the High Court shall be the Regis trar of the Electoral Court.
(2)The Registrar of the Electoral Court shall perform such functions as may be assigned to him or her by or
under this Act or any other enactment.

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165 Rules of Electoral Court
(1)The Chief Justice and the Judge President o f the High Court, after consultation with a committee a p-
pointed by the Chief Justice, may make rules as to the practice and procedure to be observed in respect of any j u-
risdiction which under this Act is exercisable or to be exercised by the Electoral Cour t.
(2)The rules in terms of subsection (1)may make provision for —
(a) the practice and procedure to be observed in the hearing of election petitions;
(b) service of an election petition on the respondent;
(c) priority of set down for the hearing of an election petition.
(3)Rules of court made in terms of subsection (1)shall be submitted to the Minister responsible for the a d-
ministration of the High Court Act [Chapter 7:06 ]for his or her approval and, if so approved, shall be published
in the Gaze tte. [Subsection amended byAct 17 of 2007 ] (4)Until rules of court for the Electoral Court are made in terms of this section, the rules of the High Court
shall apply, with such modifications as appear to the Electoral Court to be necessary, with respect to election pet i-
tions and other matters over which the Electoral Court has jurisdiction.
PART XXIII
ELECTION PETITIONS
166 Interpretation in Part XXIII
In this Part —
“respondent” means the President, a member of Parliament or councillor whose election or qualification for
holding the office is complained of in an election petition. [Definition substituted byAct 17 of 2007 ] 167 Who may present election petition
A petition complaining of an undue return or an undue election of a member of Parliament by re ason of want
of qualification, disqualification, electoral malpractice, irregularity or any other cause whatsoever may be pr e-
sented to the Electoral Court by any candidate at such election. [Section amended byAct 17 of 2007 ] 168 Provisions governing elec tion petitions
(1)An election petition shall be —
(a) presented by lodging it with the Registrar of the Electoral Court; and
(b) signed by the petitioner or all of the petitioners if more than one.
(2)An election petition shall be presented within fou rteen days after the end of the period of the election to
which it relates:
Provided that, if the return or election is questioned upon an allegation of an illegal practice, the petition may
be presented, if the election petition specifically alleges a pay ment of money or some other act to have been made
or done since that day by the member or an agent of the member or with the privity of the member or his or her
chief election agent in pursuance or in furtherance of the illegal practice alleged in the peti tion, at any time within
thirty days after the day of such payment or other act. [Subsection amended byAct 17 of 2007 ] (3)Not later than seven days after the presentation of the election petition, security of an amount fixed by the
Registrar of the Electoral Court, being not less than the amount prescribed by the Commission after consultation
with the Chief Justice, for the payment of all costs, charges and expenses that may become payable by the pet i-
tioner —
(a) to any person summoned as a witness o n his or her behalf; and
(b) to the respondent;
shall be given by or on behalf of the petitioner.
(4)Security given in terms of subsection (3)may be by recognizance entered into by the petitioner and sur e-
ties not exceeding four in number in a form approved by the Registrar of the Electoral Court, which recognizance
shall be signed in the presence of the Registrar of the Electoral Court or a magistrate. [Subsection amended byAct 17 of 2007 ] 169 Notice of election petition to be served on respondent
Notice in writing of the presentation of a petition and of the names and addresses of the proposed sureties, a c-
companied by a copy of the petition, shall, within ten days after the presentation of the petition, be served by the
petitioner on the respondent either personally or by leaving the same at his or her usual or last known dwelling or
place of business.

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170 Respondent may object to security provided
(1)The respondent may, by notice in writing served upo n the petitioner, within such period as may be pr e-
scribed in rules of court, object to any recognizance given in terms of section one hundred and sixty -eight on the
ground that —
(a) the sureties or any of them are insufficient; or
(b) a surety is dead or cannot be found; or
(c) the recognizance has not been signed by the person named therein; or
(d) the recognizance is otherwise invalid or defective.
(2)An objection in terms of subsection (1)shall be heard and decided by the Electoral Court and if th e obje c-
tion is allowed —
(a) the petitioner may, within a further period to be fixed by the Electoral Court not exceeding ten days,
remove the objection by a deposit of such sum of money as may be considered necessary by the Electo r-
al Court to make the sec urity sufficient;
(b) if the petitioner does not remove the objection in the manner specified in paragraph (a), no further pr o-
ceedings shall be heard on the petition.
(3)If on the expiration of the period allowed for making objections no objection had b een received, or after
an objection is made the sufficiency of the security is established, the petition shall be deemed to be at issue.
171 Provisions as to trial of election petition
(1)An election petition shall be tried by the Electoral Court in ope n court.
(2)If, on the trial of an election petition praying the Electoral Court to determine that some person other than
the respondent is entitled to be declared duly elected in place of the respondent, it is proved that any person who
voted for the re spondent —
(a) was bribed or subjected to undue influence by the respondent or anyone on behalf of the respondent; or
(b) was guilty of personation or of an illegal practice or was not qualified or was disqualified as a voter at
the election;
the vote giv en for the respondent by such person shall be deducted from the total number of votes given for the
respondent at the election.
(3)At the conclusion of the trial of an election petition the Electoral Court shall determine whether the re s-
pondent was duly elected or whether any, and if so what, person other than the respondent was or is entitled to be
declared duly elected, and if the Electoral Court determines that —
(a) the respondent was duly elected, such election shall be and remain as valid as if no p etition had been
presented against his or her election;
(b) the respondent was not duly elected but that some other person was or is entitled to be declared duly
elected —
(i) the respondent shall forthwith be deemed to have vacated his or her seat; and
(ii) the Electoral Court shall forthwith certify its determination to the Commission, and to the Pres i-
dent of the Senate or the Speaker of the House of Assembly, as the case may be, and the Co m-
mission shall thereupon, by notice published in the Gazette , de clare such other person duly
elected with effect from the day of the determination of the Electoral Court; [Subparagraph substituted byAct 17 of 2007 ] (c) the respondent was not duly elected and that no other person was or is entitled to be declared duly
elected —
(i) the seat of the respondent shall forthwith become vacant; and
(ii) the Electoral Court shall forthwith certify its determination to the President of the Senate or the
Speaker of the House of Assembly, as the case may be, and the President of the Senate or the
Speaker of the House of Assembly shall thereupon notify the President that the vacancy has o c-
curred and the cause of such vacancy. [Subparagraph substituted byAct 17 of 2007 ] (4)Where a charge is made in an election petition of an e lectoral malpractice having been committed at the
election to which the petition refers, the Electoral Court shall, in addition to the certificate in terms of subsection
(3), at the same time report in writing to the President of the Senate or the Speaker of the House of Assembly, as
the case may be —
(a) whether any electoral malpractice has or has not been proved to have been committed by or with the
knowledge and consent of a candidate at that election or by or with the knowledge and consent of any of
his or her agents, and the nature of such electoral malpractice; and
(b) the names of all persons who have been proved at the trial to have been guilty of any corrupt practice or
illegal practice; and
(c) whether electoral malpractices have, or whether the re is reason to believe electoral malpractices have,
extensively prevailed at the said election. [Subsection amended byAct 17 of 2007 ]

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(5)The Electoral Court may, in addition to the certificate required in terms of subsection (3), at the same
time make a special report to the President of the Senate or the Speaker of the House of Assembly, as the case
may be as to any matter arising in the course of the trial, including the commission or possible commission of any
electoral malpractice, where the Elector al Court considers that an account of such matter ought to be submitted to
Parliament. [Subsection amended byAct 17 of 2007 ] (6)A copy of every certificate and report made by the Electoral Court under this section shall, as soon as
possible, be presente d by the President of the Senate or the Speaker of the House of Assembly, as the case may be
to Parliament. [Subsection amended byAct 17 of 2007 ] (7)Where, on the trial of an election petition, the Electoral Court determines that the respondent was not duly
elected and is of the opinion, having regard to the circumstances, that it would be just and reasonable to relieve
any party to the action from all or a portion of the costs thereof, then —
(a) if the Electoral Court finds that the election of the res pondent was due to a mistake or improper perfo r-
mance or failure of performance of any function bona fide made by any member of the Public Service or
employee of the Commission, it may, after sufficient notice to the Minister or the Commission, as the
case may be, to show cause to the contrary, make such order as to the payment from the Consolidated
Revenue Fund or the funds of the Commission, as the case may be, of the costs of the action or portion
thereof as it thinks fit;
(b) if the Electoral Court find s that the election of the respondent was due to a mistake or improper perfo r-
mance or failure of performance of any function mala fide made by any member of the Public Service or
employee of the Commission, it may, after sufficient notice to such member or employee, as the case
may be, to show cause to the contrary, make such order as to the payment by such member or employee
of the costs of the action or portion thereof as it thinks fit.
(8)Notwithstanding any other provision of this section, the noting, within the time prescribed in rules of
court, of an appeal against any determination or decision of the Electoral Court shall suspend such determination
or decision until the abandonment or the final determination or dismissal of the appeal.
172 Appeals from decisions of Electoral Court
(1)A decision of the Electoral Court on a question of fact shall be final.
(2)A decision of the Electoral Court on a question of law may be the subject of an appeal to the Supreme
Court.
(3)An appeal under subsection (2)shall be determined within six months from the date of the lodging of the
appeal.
173 Procedure where Electoral Court reports cases of corrupt practices or illegal practices
If the Electoral Court states in the report on the trial of an election peti tion that any person has or may have
been guilty of a corrupt practice or illegal practice or that there is reason to believe that electoral malpractices
have extensively prevailed at the election to which the petition refers —
(a) that statement, with the evidence taken at the trial, shall be transmitted by the registrar of the Electoral
Court to the Attorney -General with a view to the institution of any prosecution proper to be instituted in
the circumstances; and
(b) the report shall, so far as it conce rns any such person, be transmitted by the registrar of the Electoral
Court to the Commission. [Section amended byAct 17 of 2007 ] 174 Witnesses
(1)On the trial of an election petition —
(a) any witness shall be summoned and sworn in the same manner as a witness may be summoned and
sworn in civil proceedings before the High Court;
(b) the Electoral Court may examine any witness or any person in court, even though such witness or person
is not called or examined by any party to the petition;
(c) after a ny examination in terms of paragraph (b)the witness or person may be cross -examined by or on
behalf of the petitioner and respondent or either of them.
(2)A witness who, in the course of the trial of an election petition, wilfully makes a false statement of fact
material to the proceedings which he or she knows to be false or does not know or believe to be true 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 o r to both such fine and such imprisonment.
175 Witnesses not excused from answering incriminating questions
(1)No person who is called as a witness at the trial of any election petition shall be excused from answering
any question relating to any electo ral malpractice at or connected with an election then forming the subject of i n-

85
quiry, on the ground of privilege or on the ground that the answer thereto may incriminate or tend to incriminate
himself or herself. [Subsection amended byAct 17 of 2007 ] (2)If any witness fully answers to the satisfaction of the Electoral Court every question relating to any matter
mentioned in subsection (1)which he or she is required by the High Court to answer, and the answer to which
may incriminate or tend to incrimina te him or her, he or she shall be absolutely freed and discharged from all li a-
bility to prosecution, either at the public instance or at the instance of any private party, for any offence under this
Act, committed by him or her prior to the time that the w itness gave his or her evidence and at or in relation to the
election concerned or in relation to which the witness may have been so examined, and the witness shall be e n-
titled to receive from the Electoral Court under the hand of the registrar thereof a c ertificate stating that he or she
is so freed and discharged from all liability to prosecution as aforesaid.
(3)No evidence given by a witness referred to in subsection (1)shall, except upon a charge of contravening
subsection (2)of section one hundred and seventy -four , be admissible in evidence against him or her in any cri m-
inal or civil proceedings to which he or she is a party.
176 Respondent may testify that election of petitioner undue
On the trial of a petition complaining of an undue election or undue return and claiming the seat for some pe r-
son the respondent may give evidence to prove that the election of that person was undue, in the same manner as
if the respondent had presented a petition complaining of such election.
177 When non -complianc e with this Act invalidates election
An election shall be set aside by the Electoral Court by reason of any mistake or non -compliance with the
provisions of this Act if, and only if, it appears to the Electoral Court that —
(a) the election was not conduct ed in accordance with the principles laid down in this Act; and
(b) such mistake or non -compliance did affect the result of the election.
178 Withdrawal of election petition
(1)An election petition may be withdrawn at any time.
(2)If a petition is wi thdrawn the petitioner shall be liable to pay the costs of the respondent.
(3)When there are more petitioners than one, no application to withdraw a petition shall be made without the
consent of all the petitioners.
179 Election petition terminated on d eath of petitioner
(1)An election petition shall be terminated by the death of the sole petitioner or of all the petitioners, as the
case may be, but such abatement shall not affect the liability of the estate of the petitioner or petitioners for the
pay ment of costs previously incurred.
(2)On the termination of a petition, any person who might have been a petitioner in respect of the election to
which the petition relates may, within twenty -one days after such termination, apply to the Electoral Court to be
substituted as a petitioner, and the Electoral Court may thereupon, if it thinks fit, substitute as a petitioner any
such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is
required in the ca se of a new petition.
180 Position when respondent does not oppose election petition
A respondent who has given notice that he or she does not intend to oppose the election petition shall not,
without the leave of the Electoral Court, be allowed to appear or to act as a party against the election petition in
any proceedings thereon, and shall not sit or vote in Parliament, pending the result of the trial of the petition, and
the Electoral Court shall, in all cases in which such notice has been given, repor t the same to the Commission.
181 Costs of election petition
(1)All costs, charges and expenses of and incidental to the presentation of an election petition, and to the
proceedings consequent thereon, shall be defrayed by the parties to the election pe tition in such manner and in
such proportion as the Electoral Court may determine, regard being had to —
(a) the disallowance of any costs, charges or expenses which may, in the opinion of the Electoral Court,
have been caused by vexatious conduct, unfound ed allegations or unfounded objections on the part e i-
ther of the petitioner or of the respondent; and
(b) the discouragement of any needless expense by throwing the burden of defraying the same on the parties
by whom it has been caused, whether such parties are or are not on the whole successful.
(2)The costs referred to in subsection (1)may be taxed and recovered in the same manner as the costs of ci v-
il proceedings in the High Court.
(3)If—
(a) any petitioner makes default, for a period of thirty days after demand, in paying to any person su m-
moned as a witness on his or her behalf or to the respondent any sum certified to be due to him or her for
his or her costs, charges or expenses; and
(b) the default is proved to the satisfaction of the Electoral Court;

86
every person who has entered into a recognizance relating to the petition shall be held to have made default in his
or her said recognizance, and the registrar of the Electoral Court shall thereupon certify such recognizance to be
forfeit ed, and execution may thereupon, by leave of the Electoral Court, be sued out thereon at the suit of any such
witness or respondent as occasion may require.
182 Time within which election petition to be determined
Every election petition shall be determin ed within six months from the date of its presentation.
PART XXIV
GENERAL
183 When incapacity may be removed
Whenever a person has become subject to any incapacity under this Act or any other law by reason of a co n-
viction, or by reason of a declaration or report of a court, and any witness who gave evidence against such incap a-
citated person upon the proceedings for the said conviction, declaration or report is convicted of perjury or of co n-
travening subsection (2)of section one hundred and seventy -four in respect of that evidence, the incapacitated
person may apply to the Electoral Court which, if satisfied that the conviction, declaration or report, so far as it
concerns that person, was based upon perjured or false evidence, may order that his or her inc apacity shall from
that time cease, and the incapacity shall cease accordingly.
184 No person required to divulge how he or she voted
No person who has voted at an election shall in any legal proceedings, whether taken to question the election
or return o r otherwise, be required to state for whom he or she has voted.
185 Evidence as to holding of election
Upon any charge of an electoral malpractice or illegal practice or any other offence against this Act alleged to
have been committed at or in connection with an election, the certificate of the constituency elections officer for
the constituency concerned, certifying that the election mentioned therein was being or had been held, shall be
sufficient evidence of the fact that such election was being or had been held. [Subsection amended byAct 17 of 2007 ] 186 Penalty for interruptions in connection with elections
Any person who wilfully interrupts, obstructs or disturbs any proceedings taken under this Act in connection
with an election shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
187 Maintenance of secrecy
(1)Every person in attendance at the counting of the votes after a poll in terms of this Act shall maintain, and
aid in maintaining, the secrecy of the voting and shall not attempt to ascertain at such counting any number on the
back of any ballot paper or communicate any information obtained at such counting as to the candid ate for whom
any vote is given in any particular ballot paper.
(2)A person who has, in the carrying out of his or her duties under this Act, obtained knowledge as to the
candidate for whom any other person has voted, shall not, except in answer to a ques tion lawfully put to him or
her in the course of proceedings in a competent court, disclose such knowledge.
(3)No person shall, except upon the order of a competent court or as authorised by this Act, break the seal of
or open any sealed packet transmitt ed or in the course of transmission in terms of this Act to the Chief Elections
Officer or to a constituency elections officer.
(4)Any person who contravenes subsection (2)or (3)shall be guilty of an offence and liable to a fine not e x-
ceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such impriso n-
ment.
188 How public notice may be given and documents served
(1)A public notice required to be given by the Registrar -General of Voters, the Chief Elections O fficer, a
constituency registrar, a constituency elections officer or any other person whatsoever who under this Act is r e-
quired to give public notice shall, except where it is expressly directed to be published in the Gazette or in any
other particular ma nner, be sufficiently given if it is published in a newspaper circulating in the constituency or
area intended to be affected by the notice or if it is posted outside the principal outer door of every magistrates
court office in such constituency or area o r in such place or places, if any, as the Commission may determine.
(2)Save as is otherwise specially provided in this Act and without derogation from section 40 of the Interpr e-
tation Act [Chapter 1:01 ], when any notice or other document is required to be served on any person under this
Act, it may be served —
(a) by delivering it to the person to whom it is addressed; or
(b) by leaving it at his or her last known place of residence or any place of residence stated on a voters roll
as his or her place o f residence; or

87
(c) by sending it to any place of residence referred to in paragraph (b)through the post by registered letter
marked upon the outside “electoral notice letter” and, unless the contrary is proved, the notice or other
document shall be deem ed to have been served at the time at which such registered letter would have
been delivered in the ordinary course of post.
189 Validation of certain documents despite misnomer or inaccurate description
No misnomer or inaccurate description of any person or place in any voters roll or in any list, nomination p a-
per, ballot paper, notice or other document required for the purposes of this Act shall affect the full operation of
the document with respect to that person or place where the description of the pe rson or place is such as to be
commonly understood.
190 Complaints to Commission
(1)Any claimant or person aggrieved by the decision of a constituency registrar under section twenty -four or
twenty -five or the decision of the Registrar -General of Voters or constituency registrar under section thirty -five
may lodge a complaint with the Commission in the prescribed time and manner.
(2)Upon receiving a complaint in terms of subsection (2), the Commission shall, if it considers the complaint
to be justified , order the Registrar -General of Voters or constituency registrar, as the case may be, to take the a p-
propriate remedial action after affording the Registrar -General of Voters or constituency registrar concerned an
opportunity to make representations on the matter.
(3)The Commission may in writing delegate its functions under subsection (2)to the Chief Elections Officer
or any other officer of the Commission.
191 Provision of copies of electoral legislation
(1)The Commission shall ensure that —
(a) eve ry political party contesting an election and every observer is provided, for the prescribed fee, if any,
with an electronic copy of this Act and all regulations and rules made under this Act; and
(b) this Act and all regulations and rules made under thi s Act are available at all times, whether in printed or
electronic form, to members of the public for the prescribed fee.
(2)The fees prescribed for the purposes of subsection (1)shall not exceed the minimal cost of providing
printed or electronic copies of this Act and all regulations and rules made under this Act. [Section substituted by Act 3 of 2012 ] 192 Regulatory powers of Commission
(1)The Commission may by regulation pr escribe all matters which by this Act are required or permitted to
be prescribed or which, in its opinion, are necessary or convenient to be prescribed for carrying out or giving e f-
fect to this Act.
(2)Regulations in terms of subsection (1)may provide f or—
(a) any matter for which it is expressly provided in this Act that regulations may be made;
(a1) the terms and conditions of service of the employees of the Commission, including the Chief Elections
Officer;
(b) the form of any document to be used i n the carrying out of the provisions of this Act;
(c) the duties of constituency elections officers, presiding officers and polling officers where the electoral
officer has made a declaration in terms of subsection (6)of section twenty -one , including the manner of
identifying applicants for ballot papers and the questions that may be put to such applicants;
(d) the issue of duplicate voters registration certificates and the fee payable therefor;
(e) such measures to be taken in connection with an election as may be desirable or expedient to ensure
that —
(i) a person does not cast more than one vote; or
(ii) a person who is not eligible to vote does not cast a vote;
(f) measures to be taken by employers to provide their employees with an opportun ity to vote in any ele c-
tion;
(g) the access by journalists to, and their conduct at, polling stations and constituency centres;
(g1) facilities enabling electoral officials and other persons who, on polling day in any election are or will be
assisting with the conduct of the election, to cast their votes, whether through the medium of postal vo t-
ing or otherwise; [Paragraph inserted byAct 17 of 2007 ] (g2) the membership and functions of multi -party liaison committees as defined in Part XXIA; [Paragraph inserted byAct 17 of 2007 ] (h) penalties for contraventions thereof, not exceeding a fine of level ten or imprisonment for a period not
exceeding one year or both such fine and such imprisonment.
(3)The Commission shall consult the Minister responsibl e for local government before making regulations in
terms of subsection (1)in respect of elections to which Part XVIII applies.

88
(4)Notwithstanding any other provision of this Act but subject to subsection (5), the Commission may make
such statutory inst ruments as it considers necessary or desirable to ensure that any election is properly and eff i-
ciently conducted and to deal with any matter or situation connected with, arising out of or resulting from the ele c-
tion.
(5)Statutory instruments made in term s of subsection (4)may provide for —
(a) altering any period specified in this Act within which anything connected with, arising out of or resul t-
ing from any election must be done;
(b) empowering any person to make orders or give directions in relation t o any matter connected with, ari s-
ing out of or resulting from any election;
(c) penalties for contraventions of any such statutory instrument, not exceeding a fine of level ten or impr i-
sonment for a period not exceeding one year or both such fine and such imprisonment.
(6)Regulations made in terms of subsection (1)and statutory instruments made in terms of subsection (4)
shall not have effect until they have been approved by the Minister and published in the Gazette .
193 Repeal of Cap. 2:01 and savings
(1)In this section —
“repealed Act” means the Electoral Act [Chapter 2:01 ].
(2)The Electoral Act [Chapter 2:01 ]is repealed.
(3)Despite subsection (2)—
(a) the person who, immediately before the fixed date, held office as the Registrar -General of Elections in
terms of the repealed Act shall be deemed to have been appointed Registrar -General of Voters in terms
of section eighteen ;
(b) every person who, immedi ately before the fixed date, held office as constituency registrar, deputy co n-
stituency registrar or assistant constituency registrar for any constituency shall be deemed to have been
appointed constituency registrar, deputy constituency registrar or assis tant constituency registrar, as the
case may be, for the constituency concerned in terms of section nineteen ;
(c) every roll kept by a constituency registrar in terms of section 17 of the repealed Act immediately before
the fixed date shall be deemed to b e the voters roll kept for the constituency concerned in terms of se c-
tion twenty and every person who, immediately before the fixed date, was enrolled on such a roll, shall
be deemed to have been registered on the voters roll for that constituency in terms of this Act;
(d) every claim, application or objection made, notice issued, proclamation, rule, regulation or other statut o-
ry instrument published or other matter or thing whatsoever made, done or commenced in terms of the
repealed Act which, immediately before the fixed date, had or was capable of acquiring legal effect shall
continue to have or to be capable of acquiring legal effect in terms of this Act in all respects as if it had
been made, issued, published, done or commenced, as the case may be, in terms of the appropriate pr o-
vision of this Act.
(4)A person shall be deemed to have been registered on a voters roll in terms of paragraph (d)of subsection
(3)notwithstanding that he or she may not have submitted a claim form in terms of Part IV of the repealed Act, if
at the time of his or her enrolment he or she was qualified to be so enrolled.

89
FIRST SCHEDULE (Sections 13 (4)(a), 14 (6)(c)and 83 (1))
CODE OF CONDUCT FOR CHIEF ELECTION AGENTS ,ELECTION AGENTS AND OBSERVERS
[Heading amended byAct 17 of 2007 ] 1. A chief election agent, election agent or observer shall obey every lawful instruction of an electoral officer. [Paragraph amended byAct 17 of 2007 ] 2. A chief election agent, election agent observer shall not hinder or obstruct an electoral officer in the lawful
conduct of his or her functions. [Paragraph amended byAct 17 of 2007 ] 3. No observer shall wear any apparel sporting a prohibited symbol or apparel indicating any affiliation with a
candidate or political party participating in the poll, nor in any other way canvass for any candidate or polit i-
cal party while observing the poll. [Paragraph amended byAct 17 of 2007 ] 4. An observer shall at al l times within a polling station, constituency centre or ward or council centre wear a
badge or label bearing proof that he or she has been duly accredited in terms of this Act. [Paragraph amended byAct 17 of 2007 ] 5. A chief election agent or election a gent shall not wear any apparel sporting a prohibited symbol or indicating
any affiliation with a candidate or political party participating in the poll, but may wear such identification
label or badge as is sufficient to indicate the candidate or politica l party he or she represents.
6. A chief election agent or election agent shall not, within or within two hundred metres of a polling station,
constituency centre or ward or council centre, canvass for any candidate or political party.
7. A chief electio n agent, election agent or observer shall not obstruct or accost any voter at a polling station or
on his or her way thereto or therefrom, nor interview any voter at a polling station. [Paragraph amended byAct 17 of 2007 ] 8. A chief election agent, elect ion agent or observer shall not do anything which compromises the secrecy of
the ballot. [Paragraph amended byAct 17 of 2007 ] 9. If a chief election agent or election agent considers that there has been any irregularity in the conduct of the
poll or the counting of the votes, the chief election agent or election agent shall not bring such irregularity or
apparent irregularity to the attention of any electoral officer other than the presiding officer or constituency
elections officer. [Paragraph amended byAct 17 of 2007 ] 10. If an observer considers that there has been any irregularity in the conduct of the poll or the counting of the
votes, the observer shall bring such irregularity or apparent irregularity to the attention of the presiding o f-
ficer or co nstituency elections officer at the polling station, constituency centre or ward or council centre
concerned. [Paragraph substituted byAct 17 of 2007 ] 11. Not more than one election agent for any candidate shall be permitted to be in a polling station at any time.
12. A chief election agent or election agent may not be present at a polling station, constituency centre or ward
or council centre located in a constituency or ward or council area for which his or her candidate was not
nominated.
13. In the case of an election to the office of President 
(a) a candidate’s provincial or constituency chief election agents shall not be permitted to enter any polling
station, nor witness the verification of statements of presiding officers or the counting of vot es, outside
the province or constituency, as the case may be, for which they were appointed;
(b) not more than the prescribed number of the candidate’s election agents may be present at the counting of
votes.
14. A chief election agent, election agent or observer shall, generally, conduct himself or herself in a manner
conducive to the peaceful, dignified and orderly conduct of the poll. [Paragraph amended byAct 17 of 2007 ] SECOND SCHEDULE (Section 110 )
[Schedule repealed by Act 3 of 2012 ] THIRD SCHEDULE (Section 191 )
[Schedule repealed byAct 17 of 2007 ].

90
FOURTH SCHEDULE (SECTION 160A )
ELECTORAL CODE OF CONDUCT FOR POLITICAL PARTIES AND CANDIDATES
[Schedule substituted by Act 3 of 2012 ] 1. Purpose of Code
The purpose of this Code is to p romote conditions that are conducive to free and fair elections and a climate
of tolerance in which electioneering activity may take place without fear or coercion, intimidation or repri s-
als.
2. General principles
(1) All political parties and their members and supporters, and all candidates and their supporters, must promote
conditions conducive to free, fair and democratic elections conducted through a secret ballot in a climate of
democratic tolerance in which political activity may take place with out fear of intimidation or reprisals.
(2) All political parties and their members and supporters, and all candidates and their supporters, must accept
that others have the right to present their political principles and ideas in a peaceful environment wi thout i n-
timidation or fear of reprisal, and must respect that right.
3. Application
This Code will apply to political parties, candidates for election, election agents for candidates and members
and supporters of political parties and candidates.
4. Public commitment
Every political party and every candidate must —
(a) give wide publicity to this Code and ensure that their members and supporters are familiar with this
Code and their obligation to comply with its terms; and
(b) publicly state that everyone has the right —
(i) to freely express their political beliefs and opinions;
(ii) to freely challenge and debate the political beliefs and opinions of others;
(iii) to freely canvass freely for membership and support from voters;
(iv) to freely attend public meetings convened by others;
(v) to freely distribute campaign material;
(c) publicly condemn any action that may undermine the free and fair conduct of elections and in particular
to condemn unreservedly and publicly any violence or intim idation and co -operate with the law e n-
forcement agencies in apprehending the culprits ;
(d) disseminate accurate information on electoral processes;
(e) accept the result of an election or challenge the result by due process of law.
5. Prohibited conduct: politically -motivated violence or intimidation
No political party or any of its members or supporters, and no candidate or any of his or her supporters,
may —
(a) use violence, or threaten violence or incite or encourage the use of violence, aga inst anyone on account
of his or her political opinions or membership or support of a political party or participation in the ele c-
tion;
(b) intimidate, or incite or encourage the intimidation, of anyone on account of his or her political opinions
or mem bership or support of a political party or act in a way that may provoke violence or intimidation;
(c) use violence or threats or illegal pressure to force avoter to refrain from voting or to vote for a candidate
or political party against his or her wil l;
(d) force a voter to reveal the identity of the candidate voted for or take reprisals against a person because of
the way in which he or she has voted or is believed to have voted.
6. Prohibited conduct: other prohibited acts
No political party or any of its members or supporters, and no candidate or any of his or her supporters,
may —
(a) publish false or defamatory allegations about a party, its candidate (s), representatives or members;
(b) discriminate on the grounds of race, ethnicity, sex, gen der, class or religion in connection with an ele c-
tion or political party;
(c) damage or deface property, including the election posters, placards, banners and other election material
of another party or candidate, and any posters or other voter education materials disseminated by the
Zimbabwe Electoral Commission;
(d) bar or inhibit access to meetings or to voters for the purpose of election campaigning;

91
(e) carry or display weapons at political meetings or at marches, demonstrations, rallies or other pu blic p o-
litical events;
(f) bribe a voter to exercise his or vote in a particular manner;
(g) bribe or intimidate an election official to induce him or her to make a false entry in the voters roll or to
alter or falsify election results;
(h) encourage a person to vote knowing that they are not entitled to do so;
(i) use the information on the voters roll supplied by the Commission for commercial purposes or to harass
or intimidate voters nor may they publish personal information about voters contained in the electoral
roll.
7. Compliance
(1) Every political party and every candidate must comply with this Code and —
(a) in the case of a political party, instruct its candidates, persons who hold political office in the party and
its representatives, membe rs and supporters to comply with this Code and any applicable electoral and
general laws;
(b) in the case of a candidate, instruct the representative and supporters of the candidate to comply with this
Code and any applicable electoral and general laws.
(2) Every political party must restrain its office -bearers, members and supporters, and all candidates must r e-
strain their representatives and supporters, from contravening this Code and any applicable electoral or ge n-
eral law, and must take or initiate ap propriate disciplinary action against those who contravene this Code or
that law.
8. Duty to co -operate
Every political party and every candidate must co -operate —
(a) with other parties to avoid the risk of electoral -related conflict; in particular, th ey must endeavour not to
call public meetings, marches or rallies that coincide with those called by another party or candidate
contesting the election;
(b) with the election authorities to protect and enhance their role to supervise and administer electi ons;
(c) with law enforcement officers to maintain peace during the election period.
9. Conduct during polling period
(1) No political party or candidate may, from midnight twenty -four hours before polling day in any election or
referendum until pollin g stations are closed on that day —
(a) convene or hold a public gathering of any kind;
(b) publish, or cause or permit the publication, of any advertisement or statement promoting or opposing a
particular party or candidate;
(c) disrupt the work of election officials at a polling station or counting centre;
(d) campaign or display campaign material within 200 metres of a polling station or counting centre.
(2) On polling day in any election or referendum, all political parties and their members and supporters, and all
candidates and their supporters, must —
(a) co-operate with election officials to ensure that polling is peaceful and orderly and that voters are co m-
pletely free to exercise their vote without being subjected to intimidation, annoyance or disturbance;
and
(b) generally, conduct themselves so as to respect the secrecy and integrity of the ballot.
10. Announcement of result of election
No candidate, and no office -bearer or member of a political party, may purport to declare or announce the
results of an election before it has been declared officially by an electoral officer .
11. Respect for media and journalists
Every political party and candidate —
(a) must respect the role of the news media before, during and after an elec tion or referendum; and
(b) may not prevent access by members of the news media to public political meetings, marches, demo n-
strations and rallies; and
(c) must take all reasonable steps to ensure that journalists are not subjected to harassment, intimi dation,
threat or physical assault by any of their representatives or supporters.

92
FIFTH SCHEDULE (Section 112A (2))
[Schedule inserted byAct 17 of 2007 ] ELECTION OF PRESIDENT IN THE EVENT OF CASUAL VACANCY
1. Interpretation
In this Schedule —
“chamber” means the chamber of the House of Assembly or an enclosed place at any other venue of the ele c-
toral college specified in terms of paragraph 2 (1)(a)(ii);
“Chief Justice” includes, where the Chief Justice is unable for any reason to perform his or her functi ons u n-
der this Schedule, the Deputy Chief Justice;
“election day” means the day fixed in terms of section 112A (1)for the electoral college to meet;
“electoral college” means the electoral college convened in terms of section 112A (1)in order to elect a pe r-
son to the office of President;
“nomination day” means the day specified in terms of paragraph 2 (1)(b)as the day on which nominations of
candidates for election as President may be lodged with the Clerk of Parliament;
“tally of votes” means a tally of vo tes in favour of a particular candidate conducted in terms of paragraph 7;
“voting bloc” means a group of those members of the electoral college wishing to vote for a particular cand i-
date, who are gathered in a part of the chamber indicated by the Chie f Ju stice in terms of par a-
graph 7(1)(a).
(2)Any word or expression to which a meaning has been assigned in the Standing Orders of the House of
Assembly shall bear the same meaning when used in this Schedule.
2. Notice of election day and nomination day
(1)Not later than fourteen days before election day, the Clerk of Parliament shall cause a notice to be pu b-
lished in the Gazette and in every newspaper circulating in the areas where Senators and members of the House of
Assembly are resident —
(a) announcin g the date of election day and the time at which the electoral college will meet —
(i) at the House of Assembly; or
(ii) at such other place specified by the Clerk in the notice;
on election day in order to elect a person to the office of President:
Provided that the election day shall be fixed for a date no later than fourteen days before the expiry
of the ninety -day period referred to in section 28 (3)(b)of the Constitution; and
(b) stating that nominations of candidates for election as President m ay be lodged with the Clerk of Parli a-
ment in terms of this Schedule during ordinary business hours up to four o’clock in the afternoon on the
day specified in the notice, which day shall be not less than three and not more than fourteen days before
electio n day.
(2)The Clerk of Parliament may alter any date, time or venue referred to in subparagraph (1)and, if he or
she does so, he or she shall cause notice of the altered dates or time to be given in accordance with that subpar a-
graph.
3. Qualifications and nomination of candidates
(1)In an election of a President in terms of section 112A each candidate shall be a person who —
(a) is a citizen of Zimbabwe by birth or by descent; and
(b) has attained the age of forty years; and
(c) is ordinarily reside nt in Zimbabwe;
and shall be nominated by not fewer than twenty -five persons, each of whom shall be a Senator or a member of
the House of Assembly.
(2)A candidate for election as President shall be nominated by means of a separate nomination paper in the
form set out in the Appendix —
(a) signed by not fewer than twenty -five persons, each of whom shall be a Senator or a member of the
House of Assembly; and
(b) countersigned with the acceptance of the candidate.
(3)A nomination paper, duly completed in accordance with subparagraph (2), may be lodged with the Clerk
of Parliament during ordinary business hours up to four o’clock in the afternoon on nomination day.
(4)The Clerk of Parliament shall forthwith examine every nomination paper lodged with him o r her in terms
of subparagraph (3)in order to ascertain if it is in order, and shall give any person lodging it an opportunity to
rectify any defect therein, until four o’clock in the afternoon on nomination day.

93
(5)The Clerk shall reject any nomination which in his or her opinion, is not in order, where the person lod g-
ing it has not rectified any defect after being given an opportunity to do so in terms of subparagraph (4).
(6)A candidate shall not be regarded as duly nominated if —
(a) his or her nom ination paper was not lodged with the Clerk of Parliament in accordance with this par a-
graph; or
(b) his or her nomination paper has not been signed and countersigned in accordance with subparagraph (2)
or is otherwise not properly completed; or
(c) he or she is not qualified in terms of subparagraph (1)for election as President.
(7)If the Clerk of Parliament has rejected a nomination paper in terms of subparagraph (5)—
(a) the Clerk of Parliament shall forthwith notify the candidate or his or her agen t, giving reasons for the
decision; and
(b) subject to subparagraph (8), the candidate shall have a right to bring the decision on review before the
Supreme Court.
(8)An application for a review of a decision of the Clerk of Parliament to reject a nomination paper shall be
lodged with the Registrar of the Supreme Court no later than eleven o’clock in the morning three days before ele c-
tion day.
(9)The Chief Justice o r any judge of the Supreme Court may give directions as to the procedure to be fo l-
lowed in any review of a decision of the Clerk of Parliament to reject a nomination paper so as to ensure the
prompt determination of the review.
(10)The Supreme Court —
(a) may, on any review in terms of this paragraph, set aside the decision of the Clerk of Parliament, and
may substitute its own decision for that of the Clerk of Parliament and give such directions in the matter
as it thinks fit; and
(b) shall determine an y review in terms of this paragraph by not later than the day immediately preceding
election day.
(11)If no application for a review of a decision of the Clerk of Parliament to reject a nomination paper is
lodged within the time prescribed in subparagrap h(8), the decision of the Clerk of Parliament shall be final.
4. When tally of votes required
(1)If only one candidate is duly nominated he or she shall be declared by the Clerk of Parliament to be duly
elected as President of the Republic of Zimbabwe without the necessity of a tally of votes.
(2)If two or more candidates are duly nominated, the Clerk of Parliament shall direct a tally of votes to take
place and notify the Chief Justice in writing accordingly.
5. Procedure when tally of votes requi red
If a tally of votes becomes necessary in terms of paragraph 4 (2), the Chief Justice shall —
(a) convene the electoral college at the House of Assembly or other venue specified in terms of paragraph
2(1)(a)(ii); and
(b) preside over the electoral colle ge; and
(c) conduct any drawing of lots; and
(d) declare the successful candidate to be elected;
in terms of this Schedule.
6. Quorum of electoral college
(1)If a tally of votes becomes necessary in terms of paragraph 4 (2), then, subject to subparagra ph (2), half of
the membership of the electoral college shall constitute a quorum at any meeting of the electoral college.
(2)If, at any meeting of the electoral college, there is no quorum within fifteen minutes of the time fixed for
the start of the meeting of the electoral college, the Chief Justice shall adjourn the meeting until one hour later
and, at that adjourned meeting, the members of the electoral college present shall form a quorum.
7. Voting procedure
(1)If a tally of votes becomes nece ssary in terms of paragraph 4 (2)—
(a) the Chief Justice shall order the doors of the chamber to be secured and, as soon as possible thereafter,
shall —
(i) call out the name of each candidate in alphabetical order of his or her surname; and
(ii) after calling our each name —
A. direct those wishing to vote for the candidate to gather as a voting bloc in the part of the
chamber indicated by the Chief Justice; and

94
B. appoint one member of the voting bloc as the teller for that voting bloc, who shall make
up a list of the members of the voting bloc under the name of the candidate for whom the
voting bloc wishes to vote, and the total number of the members of that voting bloc;
and
(b) the tellers shall sign the voting bloc lists and hand them to the Chief Justice, who shall declare the nu m-
bers to the electoral college; and
(c) in the case of confusion or error occurring concerning the numbers reported, which cannot otherwise be
corrected, the Chief Justice shall direct that another tally of votes shall ta ke place.
(2)Each member of the electoral college shall be entitled to a single vote in the voting bloc to which he or
she belongs.
8Further tallies of votes
(1)If no candidate receives a majority of the votes after the first tally of votes —
(a) the Chief Justice shall announce to the electoral college the number of votes cast for each candidate; and
(b) the candidate or candidates who received the least number of votes shall, subject to subparagraph (2), be
eliminated and a further tally of votes s hall be taken under paragraph (c)in respect of the remaining
candidates, and if no candidate receives a majority of the votes cast at such subsequent tally of votes this
procedure shall be repeated until a candidate does receive such a majority; and
(c) paragraph 7 applies, with such changes as may be necessary, to any subsequent tally of votes held in
terms of paragraph (b).
(2)If after any particular tally of votes —
(a) the application of subparagraph (1)(b)results in two or more candidates with an equality of votes being
eliminated and only one candidate remaining, only one of the first -mentioned candidates, who shall be
determined by the drawing of lots in the presence of the electoral college, shall be el iminated and the
other candidate or candidates shall remain for the subsequent tally of votes;
(b) an equality of votes is found to exist between two candidates who were the only candidates at that tally
of votes, a further tally of votes shall be taken i n the manner specified in paragraph 7 until one of the
candidates receives a majority of the votes cast:
Provided that if both candidates continue to receive an equality of votes after such number of ta l-
lies as the Chief Justice may determine, the Chief Justice may adjourn the sitting of the electoral college
and direct that it shall reconvene at a date, time and place fixed by him or her, being no later than forty –
eight hours after the day when the electoral college is adjourned, and paragraph 7 and thi s paragraph
shall apply, with such changes as may be necessary, to any subsequent tally of votes held in terms of this
proviso.
9. Declaration of successful candidate
(1)If after any tally of votes one candidate receives a majority of the votes cast by members of the electoral
college the Chief Justice shall —
(a) announce to the electoral college the number of votes cast for each candidate; and
(b) declare the candidate who received a majority of the votes cast to be duly elected as President of the
Re public of Zimbabwe.
(2)An entry shall be made in the Journals of both Houses of the final voting bloc lists that resulted in a ca n-
didate being declared duly elected as President of the Republic of Zimbabwe.
10. Deputy Clerk may act for Clerk to Parliam ent
If the Clerk of Parliament is unable for any reason to perform his or her functions under this Schedule the
Deputy Clerk or, where there are two or more Deputy Clerks, the most senior of them, shall act in his or her place.

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SIXTH SCHEDULE (Sections 4A (2), 6 (1), 7 and 12 (4))
PROVISIONS APPLICABLE TO ZIMBABWE ELECTORAL COMMISSION
[Schedule inserted by Act 3 of 2012 ] ARRANGEMENT OF PARAG RAPHS
PART I
ANCILLARY POWERS OF COMMISSION
Paragraph
1. Ancillary powers.
PART II
TERMS AND CONDITIONS OF OFFICE OF COMMISSIONERS
2. Dis qualifications for appointment as Commissioner .
3. Vac ation of office by Commissioner .
4. Terms and conditions of office of Commissioners.
5. Filling of vacancies on Commission.
6. Deputy Chairperson of Commission.
7. Remuneration and expenses of Commissioners .
PART III
PROCEDURE OF COMMISSION
8. Meetings and procedure of Commission.
9. Committees of Commission.
10. Commissioners to disclose certain connections and interests.
11. Minutes of proceedings of Commission.
12. Execu tion of contracts and instruments by Commission.
PART IV
FINANCIAL PROVISIONS RELATING TO COMMISSION
13. Financial year of Commission.
14. Accounts of Commission.
15. Audit of Commission’s accounts.
16. Internal auditor .
17. Powers of auditors.
18. Statement of accounts and auditor’s report to be laid before House of Assembly.
PART I
ANCILLARY POWERS OF COMMISSION
1. Ancillary powers
The Commission shall have the following powers, in addition to those conferred by this Act and by the Co n-
stitution —
(a) to acquire by lease, purchase, or otherwise, immovable property and to construct buildings thereon;
(b) to buy, take in exchange, hire or otherwise acquire movable property, including vehicles, necessary or
convenient for the performance of its functions ;
(c) to maintain, alter and improve property acquired by it. ;
(d) to mortgage or pledge any assets or part of any assets and, with the approval of the Minister, to sell, e x-
change, let, dispose of, turn to account or otherwise deal with any asse ts or part of any assets which are
not required for the exercise of its functions for such consideration as the Commission may, with the a p-
proval of the Minister, deter mine;
(e) to open bank and building society and post office accounts in the name of the Commission and to draw,
make, accept, endorse, discount, execute and issue for the purposes of its functions, cheques, promissory
notes, bills of exchange, bills of lading, s ecurities and other instruments;
(f) to insure against losses, damages, risks an dliabilities which it may incur;

96
(g) to enter into contracts and suretyships or give guarantees in connection with the exercise of its functions
and to modify or rescind such contracts or rescind suretyships or guarantees ;
(h) to enter into, renew, canc el or abandon arrangements with the Government or any local or other author i-
ty within Zimbabwe, or, with the approval of the Minister, any foreign government or authority, that
may seem conducive to the exercise of its functions or any of them and to obtai n from such government
or authority rights, privileges and concessions which the Commission thinks desirable to obtain and ca r-
ry out, exercise and comply with such arrangements, rig hts, privileges and concessions;
(i) with the approval of the Minister, to raise loans or borrow money in such amounts and for such purposes
and under such conditions as ma y be approved by the Commission;
(j) to employ, upon such terms and conditions as the Commission may think fit, such persons as may be
necessary for conducti ng its affairs, and suspen d or discharge any such persons;
(k) subject to section 47 of the Public Finance Management Act [Chapter 22:19 ](No 11 of 2009 ), to pay
such remuneration and allowances and grant such leave of absence and to make such gifts and pay b o-
nuses and the like to its employees as the Commission thinks fit ;
(l) to provide pecuniary benefits for its employees on their retirement, resignation, discharge or other te r-
mination of service or in the event of their sickness or injury and for the ir dependants, and for that pu r-
pose to effect policies of insurance, establish pension or provident funds or make such other provision as
may be necessary to secure for its employees and their dependants any or all of the pecuniary benefits to
which this p aragraph relates;
(m) with the approval of the Minister, to purchase, take in exchange, hire and otherwise acquire land or
dwellings for use or occupation by its employees;
(n) to construct dwellings, outbuildings or improvements for use or occupation by its employees on land
purchased, taken in exchange, hired or other wise acquired by the Commission;
(o) to sell or let dwellings and land for reside ntial purposes to its employees;
(p) with the approval of the Minister, to guarantee loans to its employee s or their spouses for the purchase
of dwellings or land for residential purposes, the construction of dwellings and the improvement of
dwellings or land which are the property of its employees or their spouses;
(q) to provide security in respect of loans guaranteed in terms of paragraph (p)by the deposit of securities;
(r) to make loans to any employee of the Commission —
(i) not exceeding six months’ salary or wages payable to him or her, for any purpose;
(ii) with the approval of the Minister, for th e purpose of purchasing vehicles, tools or other equi p-
ment used by him or her in carrying out his duties;
on such security as the Commission considers adequate ;
(s) to do anything for the purpose of improving the skill, knowledge or usefulness of its employees, and in
that connection to provide or assist other persons in providing facilities for training, education and r e-
search and to pay for the aforesaid, where necessary ;
(t) to provide such services as the Commission considers could properly be pro vided by the Commission ;
(u) with the approval of the Minister, to provide financial assistance to any person, association, organisation
or institution whose activities are such as to be, in the opinion of the Commissio n, of benefit to the
Commission;
(v) generally, to do all such things as may be necessary, conducive or incidental to the exercise of the po w-
ers and the performance of the functions of the Commission under this Act or any other enactment .
PART II
TERMS AND CONDITIONS OF OFFICE OF COMMISSION ERS
2. Disqualifications for appointment as Commissioner
(1)No person shall be appointed as a Commissioner and no person shall be qualified to hold office as a
Commissioner who —
(a) is not a citizen of Zimbabwe; or
(b) has a financial interest in any business connected with the provision of services to the Commission, or is
engaged in any activity connected with any such service, or is married or connected to or associated
with a person who has such an interest or is engaged in such an activity, unless the President is satisfied
that the interest or activity will not interfere with the person’s impartial discharge of his or her duties as
a Commissioner; or
(c) has, in terms of a law in force in any country —
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or di s-
charged; or
(ii) made an assignment to, or arrangement or composition with, his or her creditors which has not
been rescinded or set aside; or

97
(d) has, within the period of five years immediate ly preceding the date of his or her proposed appointment,
been convicted —
(i) in Zimbabwe, of an offence; or
(ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an
offence;
and sentenced to a term of imprisonme nt exceeding six months imposed without the option of a fine, whether or
not any portion has been suspended, and has not received a free pardon.
(2)A person who is —
(a) a member of Parliament; or
(b) a member of two or more other statutory bodies;
shall not be appointed as a Commissioner, nor shall he or she be qualified to hold office as a Commissioner.
(3)For the purposes of subparagraph (2)(b)a person who is appointed to a council, board or other authority
which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be
regarded as a member of that statutory body.
3. Vacation of office by Commissioner
A Commissioner shall vacate his or her office and his or her office shall become vacant —
(a) three months after the date upon which he or she gives notice in writing to the President of his or her
intention to resign, or on the expiry of such other period of notice as he or she and the President may
agree; or
(b) on the date he or she begins to serve a sentence of imprisonment imposed without the option of a fine —
(i) in Zimbabwe, in respect of an offence; or
(ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an
offence; or
(c) if he or she becomes disqualified in terms of paragraph 2 (1)(a),(b)or (c), or in terms of subparagraph
(2)of that paragraph, to hold office as a Commissioner; or
(d) if he or she is required in terms of section 6 to vacate his or her office.
4. Terms and conditio ns of office of Commissioners
Subject to paragraph 5, a Commissioner shall hold office on such terms and conditions as the President may
fix in relation to Commissioners generally.
Provided that the President may agree to a shorter period of notice.
5. Filling of vacancies on Commission
On the death of, or vacation of office by, a Commissioner, the President shall, in accordance with the Const i-
tution, appoint a qualified person to fill the vacancy:
Provided that if as a result of the vacancy the number o f Commissioners falls below the minimum number
specified in paragraph 8 (2), the President shall fill the vacancy within a reasonable time.
6. Deputy Chairperson of Commission
(1)The President shall designate one of the Commissioners as Deputy Chairperso n of the Commission.
(2)The Deputy Chairperson of the Commission shall perform the Chairperson’s functions whenever the
Chairperson is for any reason unable to perform them.
(3)The Deputy Chairperson of the Commission may at any time resign his or her office as such by giving
one month’s written notice thereof to the President.
(4)Whenever the office of Deputy Chairperson of the Commission falls vacant, the President shall fill the
vacancy within a reasonable time.
7. Remuneration and expenses of Commissioners
(1)Commissioners shall be paid —
(a) such remuneration, if any, as the President, may from time to time fix for Commissioners generally; and
(b) such allowances, if any, as the Minister, with the agreement of the Minister responsible for finance, may
from time to time fix to meet any reasonable expenses incurred by Commissioners in connection with
the business of the Commission.
(2)The salary, allowances and other benefits payable to a Commissioner shall not be reduced during his or
her tenure of office.

98
PART III
PROCEDURE OF COMMISSION
8. Meetings and procedure of Commission
(1)The Commission shall meet for the dispatch of business as often as is necessary or expedient and, subject
to this paragraph, may adjourn, close and otherwise regulate its meetings and procedure as it thinks fit:
Provided that the Commission shall meet at least six times in each year.
(2)Five Commissioners shall constitute a quorum for the conduct of the business of the Commission.
(3)The Chairperson of the Commission —
(a) may at any time convene a special meeting of the Commission; and
(b) shall convene a special meeting of the Commission on the written request of —
(i) the Minister, within such period as the Minister may specify; or
(ii) not fewer than two Commissioners, not later than fourteen days after his or her receipt of such
request.
(4)Written notice of any special meeting convened in terms of subparagraph (3)shall be sent to each Co m-
missioner not later than seven days before the meeting and shall specify the business for which the meeting has
been convened:
Provided that if, in the opinion of the Chairperson, the urgency of the business for which the meeting is to be
convened so requires, notice of not less than forty -eight hours may be given .
(5)No business shall be discussed at a special meeting convened in terms of subparagraph (3)other than —
(a) such business as may be determined by the Chairperson of the Commission, where the Chairperson of
the Commission has convened the meeting in t erms of subparagraph (3)(a); or
(b) the business specified in the request for the meeting, where the Chairperson of the Commission has co n-
vened the meeting in terms of subparagraph (3)(b).
(6)The Chairperson or, in his or her absence, the Deputy Chairperson shall preside at all meetings of the
Commission:
Provided that, if the Chairperson and the Deputy Chairperson are both absent from a meeting of the Commi s-
sion, the Commissioners present may elect one of their number to preside at that meeting a s Chairperson.
(7)All acts, matters or things authorised or required to be done by the Commission may be decided by a m a-
jority vote at a meeting of the Commission at which a quorum is present.
(8)Subject to paragraph 10, at all meetings of the Commission each Commissioner present shall have one
vote on each question before the Commission and, in the event of an equality of votes, the Commissioner presi d-
ing at the meeting shall have a casting vote in addition to a deliberative vote.
(10)Any pro posal circulated among all members and agreed to in writing by a majority of all Commissioners
shall have the same effect as a resolution passed at a duly constituted meeting of the Commission and shall be
incorporated in the minutes of the next succeeding meeting of the Commission:
Provided that, if a Commissioner requires that such proposal be placed before a meeting of the Commission ,
this subparagraph shall not apply to such proposal.
9. Committees of Commission
(1)For the better exercise of its func tions, the Commission may establish one or more committees in which it
may vest such of its functions as it thinks fit:
Provided that the vesting of a function in a committee shall not prevent the Commission from itself exercising
that function, and the Co mmission may amend or rescind any decision of the committee in the exercise of that
function.
(2)The Commission may appoint persons other than Commissioners to be members of a committee esta b-
lished under subparagraph (1):
Provided that every committee must have a Commissioner for its chairperson.
(3)The Chairperson of the Commission or of a committee may at any reasonable time and place convene a
meeting of that committee.
(4)The procedure of each committee shall be as fixed from time to time by the Commission.
(5)Subject to this paragraph, paragraph 8 (2)to (9)shall apply, with any necessary changes, to committees
and their members as they apply to the Commission and to Commissioners.
10. Commissioners to disclose certain connections and interes ts
(1)In this paragraph —
“relative”, in relation to a Commissioner, means the Commissioner’s spouse, child, parent, brother or sister.
(2)Subject to subparagraph (4)—

99
(a) if a Commissioner —
(i) knowingly acquires or holds a direct or indirect pecuniary interest in any matter that is under
consideration by the Commission; or
(ii) owns any property or has a right in property or a direct or indirect pecuniary interest in a comp a-
ny or association of persons which results in the Commissioner’s pri vate interests coming or a p-
pearing to come into conflict with his or her functions as a Commissioner; or
(iii) knows or has reason to believe that a relative of his or hers —
A. has acquired or holds a direct or indirect pecuniary interest in any matter that is under
consideration by the Commission; or
B. owns any property or has a right in property or a direct or indirect pecuniary interest in a
company or association of persons which results in the Commissioner’s private interests
coming or appearing to come into conflict with his functions as a Commissioner; or
C. is a member or office -bearer of a political party whose conduct is under consideration by
the Commission;
or
(b) if for any reason the private interests of a Commissioner come into conflict with his or her functions as a
Commissioner;
the Commissioner shall forthwith disclose the fact to the Commission.
(3)A Commissioner referred to in subparagraph (2)shall take no part in the consideration or discussion of,
or vote on, any questi on before the Commission which relates to any contract, right, immovable property or inte r-
est referred to in that subparagraph.
(4)A Commissioner who contravenes subparagraph (2)or (3)shall be guilty of an offence and liable —
(a) to a fine not exceedi ng level ten or, where quantifiable, a fine equivalent to the extent of the pecuniary
advantage obtained by the Commissioner from the Commission as a direct result of his or her contrave n-
tion, whichever is the greater; or
(b) to imprisonment for a period not exceeding twelve months;
or to both such fine and such imprisonment.
11. Minutes of proceedings of Commission
(1)The Commission shall cause minutes of all proceedings of and decisions taken at every meeting of the
Commission to be entered in books kept for the purpose.
(2)Any minutes referred to in subparagraph (1)which purport to be signed by the person presiding at the
meeting to which the minutes relate or by the person presiding at the next following meeting of the Commission
or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the
proceedings of and decisions taken at the meeting concerned.
12. Execution of contracts and instruments by Commission
Any agreement, contract or instrument a pproved by the Commission may be entered into or executed on b e-
half of the Commission by any persons generally or specially authorised by the Commission for that purpose.
PART IV
FINANCIAL PROVISIONS RELATING TO COMMISSION
13. Financial year of Commission
The financial year of the Commission shall be the period of twelve months ending on the 31st December in
each year.
14. Accounts of Commission
(1)The Commission shall ensure that proper accounts and other records relating to such accounts are kept in
res pect of all the Commission’s activities, funds and property, including such particular accounts and records as
the Minister may direct.
(2)Not later than three months after the end of each financial year, the Commission shall prepare and submit
to the Minister a statement of accounts in respect of that financial year or such other period as the Minister may
direct .
15. Audit of Commission’s accounts and internal auditor
(1)Subject to the Pub lic Finan ce Management Act [Chapter 22:19 ](No. 11 of 2009 ),the Commission sha ll
appoint as auditors one or m ore persons approved by the Minister who are registered as public auditors in terms of
the Public Accountants and Auditors Act [Chapter 27:12 ].
(2)The accounts kept by the Com mission in terms of paragrap h 14 (l)shall be examined by the auditors a p-
pointed in terms of subparagraph (1).

100
(3)The auditors appointed in terms of subparagraph (1)shall make a report to the Commission and the M i-
nister on the statement of accounts prepared in terms of paragraph 14(2),and such report shall state whether or not
in their opinion the statement of accounts gives a true and fair view of the Commission’s a ffairs.
(4)In addition to the report referred to in subparagraph (3), the Minister may require the Commission to ob-
tain from its auditors appointed in ter msof subparagraph (1)such other reports, statements or explanations in
connection with the Commission’s operations, funds and property as the Minister may consider expedient, and the
Commission shall forthwith co mply with any such requirement.
16. Internal Auditor
(1)Section 80 of the Public Finance Management Act [Chapter 22:19 ](Act No. 11 of 2009 )shall apply ,
with any necessary changes , to the appointment o f an internal auditor to the Commission in all respect s as if the
Commission were a Ministry or department of a Ministry.
(2)The functions of the internal a uditor shall be —
(a) to monitor the financial admini stration and procedures of the C ommission to ensure that —
(i) proper accounting and bookkeeping transactions and procedures are carried out; and
(ii) proper accounting records are maintained; and
(ii) adequate internal checks and controls are maintained; and
(iv) the assets of the C ommission are properly accounted for; and
(v) all in structions and directives issued in terms of section 6 of the Public Finance Management Act
[Chapter 22:19 ](Act No. 11 of 2009 )are complied with;
(b) to asses the effectiveness of any projec ts undertaken by the Commission; and
(c) to perform any other function that may be assigned to him or her by the Chief Elections Officer.
(3)In the performance of his or her f unctions, the internal auditor —
(a) shall have free access at all reasonable times to any records, books, vouchers, documents and resources
under the control of the Commission; and
(b) shall have direct access to the C hief Elections Officer; and
(c) may cause search to be made in and extr acts to be taken from any record, book, voucher or documents
of the Commission; and
(d) may call upon any member of the staff of the Commission to give, and shall be entitled to receive wit h-
out undue delay from that member, any explanations and informatio n the internal auditor may reason a-
bly require to enable him or her to perform his or her functions.
(4)If at any time it appears to the internal auditor that an offence has been committed in relation to —
(a) the collection, receipt, custody, control or payment of any funds of the Commission; or
(b) the receipt, custody, control, issue, sale, transfer or delivery of any C ommission property or State pro p-
erty assigned to the Commission ;
he or she shall immediat ely bring the matter to the notice of the Commission, the Chief Elections Officer and any
one of the persons approved by the Minister to be the Commission’s external auditors i n terms of paragraph 15 (1).
(5)Whenever the internal auditor has completed any internal audit programme, he or she shall prepare a r e-
port on the financial administration and accounting system of the Commission, and may include in such report any
instances of hindrance or obstruction he or she has encountered in the discharge of his or her duties, and shall
transmit copies of such reports to the Commission, the Chief Elections Officer and any one of the persons a p-
proved by the Minister to be the Commission’s external auditors in terms of paragraph 15(1).
17. Powers of auditors
(1)An a uditor referred to in paragraph 15 shall be entitled at all reasonable times to require to be produced to
him or her all accounts and other records relating to such accounts which are kept by the Commission or its agents
and to require from any Commissioner or employee or agent of the Commission such information and explan a-
tions a s in the auditor’s opinion are necessary for the purposes of his or her audit.
(2)Any Commissioner or employee or agent of the Commission who fails without just cause to comply with
a requirement of an auditor in terms of subparagraph (1)shall be guilt y of an offence and liable to a fine not e x-
ceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such i m-
prisonment.
18. Statement of accounts of and auditor’s report to be laid before House of Assembly
Th e Minister shall, within six months after the end of each financial year, lay before the House of Assembly
the Commission’s statement of accounts and auditor’s report for that financial year.
.

101
APPENDIX (PARAGRAPH 3 (2))
FORM OF NOMINATION PAPER
[OBVERSE ] NOMINATION PAPER :ELECTION OFPRESIDENT
We, the Senators and members of the House of Assembly whose names and signatures appear on the reverse
of this form, hereby nominate:
…………………………………………………………………………………………………….
(full name, in block letters )
…………………………………………………………………………………………………….
of (address in block letters )
as a candidate for election as President.
Date : ………………………………………………..
DECLARATION OF CANDIDATE
I, …………………………………………………………………………………………………….
(full name, in block letters )
of ………………………………………………………………………………………………………..
of (address in block letters )
certify that —
1. I am a citizen of Zimbabwe by birth/descent*.
2. The date of my birth was ………………………………………………………………………….
3. I am ordinarily resident in Zimbabwe.
4. I hereby accept nomination as a candidate for election as President.
Signature ……………………
Date : ……………………………. Place : ………………………
*Delete whic hever does not apply.

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[REVERSE ] LIST OF NOMINATORS
Full names
(in block letters )
Signature
1. ……………………………………………………………. ………………………
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30. …………………………………………………………….. ………………………