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Electoral Act

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 1 –
Act No. 25/2004
Gazetted : Friday 21st January, 2005 (General Notice 17 of 2005)
Commencement: 1st February 2005 (Statutory Instrument 17 of 2005).

CHAPTER 2:13
ELECTORAL ACT
Acts 25/2004, 17/2007, 1/2008 1, 3/2012 2, 6/2014 3, 5/2014 4, 3/2016 5

PART I
PRELIMINARY
Sect ion
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. Terms and conditions of office of Commissioners.
6A. Parliament to be informed of removal of Commissioner.
7. Procedure of Commission.
8. Decentralisation of Commission.
9. Chi ef 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 staf f
and agents of Commission.
12. Funds and finances of Commission.
1 Repeal of sections 120 and 122. 2 Electoral Amendment Act, 2012 (No. 3/2012). Major amendments to the princ ipal Act with effect from 28th
September 2012. These amendments, inter alia , provide d for the inclusion in the principal Act of the provisions
previousl y contained in the Zimbabwe Electoral Commission Act (No. 22/2004) and the repeal of the latter Act.
Statutory instruments made under the Zimbabwe Electoral Commission Act continue in force until repealed under
section 192 of the principal Act; see sectio n 44 of Act No. 3/2012, set out in the Appendix to the present document for
the full text of that section, which also saves other things done under the Zimbabwe Electoral Commission Act.
The Append ix to the present document also sets out amendments to the principal Act, provided for by section 42 of
Act No. 3/2012, that are not yet in force and will only come in force on a date to be fixed by the Zimbabwe Electoral
Commission [these amendments prov ide for polling station voters rolls]. 3 Electo ral Amendment Act, 2014 (No. 6/2 014) with effect from 20th August 2014. These amendments largely repeat ed
the temporary amendments made by the Presidential Powers (Temporary Measures) (Amendment of Electora l Act)
Regulations, 2013 [SI 85/2013] which expired on 10th December 2013 and then fell away completely as if never made.
4 National Prosecuting Authority Act, 2014 (No. 5/2014) with effect from 2nd January 2015. 5 General Laws Amendment Act, 2016 (No. 3 /2016) with effect from 1st July 2016. This Act did not entirely succeed in
in updating instances of “ Registrar -General of Voters ” to “Commission” and instances of “constituency registrar” to
“voter registration officer ”. Surviving inappropriate referenc es to the former terms have been highlighted by footnotes
suggesting that the provisions concerned should be read as if they had been updated.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 2 –
13. Reports of Commission on elections, referendums and other matters.
14. Legal proceedings against Commission.
PART III
[Repealed by s. 3 of Act 3/2012.] PART IV
VOTER REGISTRATION FUNC TIONS OF COMMISSION
17A. Voter registration to be conducted continuously.
18. Commission to register voters .
19. Voter registration officers and registration offices .
20. Voters rolls to be kept by Commission.
21. Inspection of voters rolls and provi sion of copies.
22. Powers to demand information.
22A. Polling station voters rolls [not yet in force] .
PART V
RESIDENCE QUALIFICATIONS OF VOTERS AND REGISTRATION OF VOTERS
23. Residence qualifications of voters.
24. Claims for registration.
25. Claim s for transfer of registration.
26. Voters registration certificates.
26A. Closure of voters rolls 12 days after nomination day.
PART VI
OBJECTIONS TO REGISTRATION OF VOTERS
27. Objections by voter registration officer .
28. Objections by voters.
29. Hearing and determination of objections by designated magistrate.
30. Statement of case for opinion of judge in chambers.
31. Posting of names of persons objected to.
PART VII
MISCELLANEOUS PROVISIONS RELATING TO REGISTRATION OF VOTERS
32. Removal of dup lications.
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.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 3 –
PART VIII
OFFENCES IN REL ATION TO REGISTRATION OF VOTERS
37. Offences in relation to registration of voters.
PART VIIIA
DELIMITATION OF CONS TITUENCIES AND ELECT ORAL BOUNDARIES
37A. Delimitation o f constitue ncies and electoral divisions to be conducted openly and with
consultation.
37B. Commencement of delimitation of wards and constituencies.
37C. Electoral centres and transmission of results to and between electoral centres.
PART IX
PROCLAMATIO N OF GENERAL -ELECTIONS AND NOTIFICATION OF BY -ELECTIONS
38. General, presidential and local a uthority elections.
38A. Designation of national and provincial political party office -bearers for certain purposes and
advance filing of certain documents in co nnection with elections.
39. Vacancies and by -elections.
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 part ies.
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 ob servers.
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 Chie fs 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.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 4 –
PART XI
ELECTION OF SENATORS TO REPRESENT PERSONS WITH DISABILITIES
45. Interpre tation in Part XI.
45A. Application of Seventh Schedule to election of Senators to represent persons with disabilities.
PART XIA
ELECTION OF PARTY -LIST CANDIDATES BY PROPORTIONAL REPRESENTATION
45B. Interpretation in Part XIB.
45C. Application of Part X IIIA, allocation of party -list seats and disqualification of votes for purposes
of party -list elections.
45D. Disqualifications for nomination as party -list candidate.
45E. Nomination of party -list candidates.
45F. Publication and printing of party -list s after nomination.
45G. Appeal against nomination of party -list candidate.
45I. Determination of result of election for party -list candidates.
PART XII
NOMINATION OF CANDIDATES FOR ELECTION AS MEMBERS OF PARLIAMENT
46. Nomination of candidates.
47. Nomination fee.
48. Procedure when poll to be held.
49. Withdrawal of candidate.
50. Death of candidate.
50A. Pre -polling day substitution in certain circumstances of candidates who have withdrawn or died.
PART XIII
PREPARATION FOR AND VOTING AT POLL
51. Polling stations.
52. Provision of requisites and officers for purpose of poll.
52A. Publication of details re ballot papers.
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 af ter sealing of ballot boxes.
63. Counting and rejection of votes.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 5 –
64. Procedure after counting at polling station.
65. Procedure on receipt of polling -station returns at ward centre.
65A. Procedure on receipt of ward returns at constituency centre.
65 B. Procedure on receipt of constituency returns at provincial command centre.
66. Determination and declaration of result of poll.
66A. Unofficial or false declaration of results prohibited.
67. Notification of result of election.
67A. Recounting of vo tes.
68. Chief Elections Officer to cause names of 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. Ap plication for postal vote.
74. Issue of postal ballot papers.
75. Voting by post.
76. Distribution of postal ballots of Chief Elections Officer and ward elections officers.
77. Postal ballot boxes.
78. Opening of postal ballot boxes.
79. Safe -keepin g of documents.
80. Offences in relation to postal votes.
PART XIVA
SPECIAL VOTING
Whole Pa rt [sections 81 -81H repealed by Act 6/2014] 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 of 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 date relating thereto.
92. Employer to allow employees to vote.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 6 –
PART XVI
ELECTION EXPENSES AND ELECTION AGENTS
93. What expenses permissible.
93A. Appointment of roving political party election agents.
94. Chief election agents.
95. Election agents.
96. Appointments made and expenses incurred by candidates or agents.
97. Payments of expenses and disclosure of expenditure.
98. Receipts for election expenses.
99. Claims for election expenses.
100. Limit of personal expenses that candidates may incur.
101. Claims by chief election agents.
PART XVII
PROVISIONS RELATING TO ELECTIONS TO OFFICE OF PRESIDENT
102. [Repealed] 103. [Repealed] 104. Nomination of c andidates 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 after nomination day in election to office of President..
110. Determination and declaration of result of election to office of President.
111. Election petitions in respect of election to office of President.
112. [Repealed] 112A. [Repealed] PART XVIII
PROVISIONS RELATING TO LOCAL AUTHORITY ELECTIONS
Preliminary
113. Application of Part XVIII.
114. Interpretation in Part XVIII.
Qualifications of voters and preparation of voters rolls
115. Qualifications of voters in local authority elections.
116. First ward voters rolls.
117. Preparation of subsequent ward voters rolls.
118. [Repealed ] Qualifications for election
119. Qualifications and disqualifications for election as councillor.
120. [Repealed]

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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 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. Run -off by -election where votes tied.
130. [Repealed
131. [Repealed] General
132. Alteration of dates and qualifying periods.
133. Appl ication of provisions of this Act to local authority 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. Appointmen t and functions of special police liaison officer 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 vi olence or intimidation.
133K. Special penalty for politically -motivated violence or intimidation.
PART XIX
CORRUPT PRACTICES
134. Undue influence.
135. [Repealed]

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 8 –
136. Bribery.
137. Personation.
138. Additional penalties for corrupt practices.
PART X X
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.
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. Obst ruction of voters.
150. Additional penalties for illegal practices.
151. Preventing holding of political meetings, etc.
152. Destruction of political posters, etc.
153. Defacing property for political purposes.
154. Aggravating circumstances in relati on to offences under sections 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 Electo ral Court may hold certain acts or omissions to be exempt from 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 COVERAGE OF ELECTIONS
160E. Interpretation Part XXIB.

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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 informati on in public interest.
160J . Conduct of news media during election period.
160K. Monitoring of media by Commission.
PA RT XXII
ESTABLISHMENT , COMPOSITION AND RULES OF ELECTORAL COURT
161. Establishment and jurisdiction of Electoral Court.
162. Judges o f Electoral Court and composition thereof.
163. Assessors.
164. Registrar of Electoral Court.
165. Rules of Electoral Court.
PA RT XXIII
ELECTION PETITIONS
166. Interpretation in Part XXIII.
167. Who may present election petition.
168. Provisions gove rning 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 wh ere Electoral Court reports cases of corrupt practices or illegal practices.
174. Witnesses.
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 el ection 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.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 10 –
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 copies of electoral legislation.
192. Regulatory powers of Commission.
193. Repeal of Cap. 2:01 and savings.

FIRST SCHEDULE : Code of Conduct for Chief Election Agents, Election Agents and Observers.
SECOND SCHEDULE : [Repealed] THIRD SCHEDULE : [Repealed] FOURTH SCHEDULE : Electoral Code of Conduct for Political Parties and Candidates .
FIFTH SCHEDULE : [Repealed] .6
SIXTH SCHEDULE : Provisions applicable to Zimbabwe Electoral Commission.
SEVENTH SCHEDULE: Election of Senators to Represent Persons with Disabilities.
EIGHTH SCHEDULE: General D escription of Proportional Representation Formula Used in
Part XIA.
NINTH SCHEDULE: Nomination Forms for Presidential and National Assembly
Constituency Candidates.
66 The repealed Fifth Schedule was headed “Election of President in the Event of Casual Vacancy”.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 11 –
ACT
AN ACT to provide for the terms of office, conditions of service, qualifications and vacation of office of
members of the Zimbabwe Electoral Commission, the procedure at meetings of the Zimbabwe Electoral
Commission and the appointment of the Chief Elections Officer; to make provision for the registration of
voters and for the lodging of objections thereto; to provide for the preparation, compilation and
maintenance of voters rolls; to prescribe the residence qualifications of voters and the procedure for the
nomination and election of candidates to and the filling in of vacancies in Parli ament; to provide for
elections to the office of the President; to provide for local authority elections; to provide for offences and
penalties, and for the prevention of electoral malpractices in connection with elections; to establish the
Electoral Court and provide for its functions; to make provision for the hearing and determination of
election petitions; and to provide for matters connected with or incidental to the foregoing.

Whereas sections 157(1), 238 and 239 of the Constitution provide as follow s-
“157.(1) An Act of Parliament must provide for the conduct of elections and referendums
to which this Constitution applie s, and in particular for the following matters –
(a) the periodic delimitation of constituencies and wards in accordanc e with section
161;
(b) the registration of voters, and requirements for registration on particular
voters’ rolls;
(c) a code of conduct for political parties, candidates and other persons participating
in elections or referendums;
(d) a system of proportional representation/or the election of persons to the seats in
the Senate referred to in section 120(1)(a) and the seats reserved for women in
the National Assembly referred to in section 124 (1)(b), and the procedure for
filling vacancies in those seats, which vacancies must be filled by persons –
(i) belonging to the same political parties as those who previously held the seats;
.and
(ii) of the same gender as the persons who previously held the seats;
(e) the election of representatives of persons with disabilities under section 120(1)(d);
(f) the conduct of elections to provincial and metropolitan councils and local
authorities;
(g) challenges to election result s.

238.(1) There is a commission to be known as Zimbabwe Electoral Commission consisting
of-
(a) a chairperson appointed by the President after consultation with the Judicial
Service Commission and the Committee on Standing Rules and Orders; and
(b) eight other memb ers appointed by the President from a list of not fewer than
twelve nominees submitted by the Committee on Standing Rules and Orders.
(2) The chairperson of the Zimbabwe Electoral Commission must be a judge or former
judge or a person qualified for appointment as a ju dge .
(3) If the appointment of a chairperson to the Zimbabwe Electoral Commission is
not consistent with a recom mendation of the Judicial Service Commission, the President
must cause the Committee on Standing Rules and Orders to be informed as soon as
practicable.
(4) Members of the Zimbabwe Electoral Commission must be Zimbabwean citizens
and chosen for their integrity and experience and for their competence in the conduct of
affairs in the public or private sector.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 12 –
(5) Members of the Zimbabwe Electoral Commission are appointed for a six -year term
and may be re-appointed for one such further term, but no person may be appointed to
or serve on the Commission after he or she has been a member for one or more periods,
whether continuous or not, that amount to t we lv e years.
239. The Zimbabwe Electoral Commission has the following functions
(a) to prepare for, conduct and supervise –
(i) elections to the office of President and to Parlia ment;
(ii) elections to provincial and metropolitan councils and the governing bodies
of local authorities;
(iii) elec tio ns of membe rs of’ the National Council of Chiefs estab lished by
section 28 5; and
(iv) referendums;
and to ensure that those elections and refe rendums are conducted efficiently,
freely, fairly, transparently and in accordance with the law;
(b) to supervise elections of the President of the Senate and the Speaker and to
ensu re that those elections are conducted efficiently and in acco rdance with the
Law;
(c) to register vot ers;
(d) to compile vot ers’ rolls and registers;
(e) to ensure the proper custody and maintenance of voters’ rolls and registers;
(f) to delimit constitue ncies, wards and other electoral boundaries;
(g) to design, print and distribute ballot pa pe rs, approve the form of and procure
ballot boxe s, and establish and operate polling centres;
(h) to conduct and supervise voter education;
(i) to accredit observers of elections and referendums;
(j) to give instructions to persons in the employment of the State or of a local authority
for the purpose of ensuring the efficient, free, fair, proper and transparent conduct
of any election or referendum; and
(k) to receive and consider complaints from the public and to take such action in
regard to the complaints as it considers appropriate.”

NOW, THEREFORE, be it enacted by the President and Parlia ment of Zimbabwe as
follows :—
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 elections to the office of President for the purposes of
the Constitution; and
(b) elections to provincial councils and the governing bodies of councils for the purposes of the
Rural District Councils Act [ Chapter 29:13 ] and the Urban Councils Act [ Chapter 29:15 ].
3 General principles of democratic elections
Subject to the Constitution and this Act, every election shall be con ducted in way that is consistent
with the following principles 

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 13 –
(a) the authority to govern derives from the will of the people demonstrated through elections that
are conducted efficiently, freely, fairly, transparently and properly on the basis of unive rsal and
equal suffrage exercised through a secret ballot; and
(b) every citizen has the right 
(i) to participate in government directly or through freely chosen representatives, and is
entitled, without distinction on the ground of race, ethnicity, ge nder, language, political
or religious belief, education, physical appearance or disability or economic or social
condition, to stand for office and cast a vote freely;
(ii) to join or participate in the activities of and to recruit members of a political party of his
or her choice;
(iii) to participate in peaceful political activity intended to influence the composition and
policies of Government;
(iv) to participate, through civic organisations, in peaceful activities to influence and
challenge the pol icies of Government;
(c) every political party has the right —
(i) to operate freely within the law;
(ii) to put up or sponsor one or more candidates in every election;
(iii) to campaign freely within the law;
(iv) to have fair and equal access to ele ctronic and print media, both public and private;
(v) to have reasonable access to all material and information necessary for it to participate
effectively in every election;
(d) every candidate has the right —
(i) to have fair and equal access to ele ctronic and print media, both public and private;
(v) to have reasonable access to all material and information necessary for it to participate
effectively in every election;
(e) voting methods must be simple, accurate, verifiable, secure and transpare nt.
4 Interpretation
(1) In this Act —
“absence”, in relation to the absence of the Chairperson of the Commission, includes absence
occasioned by the vacation of the office of the Chairperson;
“by -election” means an election to fill a casual vacancy in the membership of the Senate or the
National Assembly or in the governing body of a local authority;
“call”, in relation to an election, means to issue a proclamation referred to in section 38 or a notice in
terms of section 39 in relation to that election, a s the case may be;
“casual or special vacancy”, in relation to a council, means a vacancy referred to in section 32 of the
Rural District Councils Act [ Chapter 29:13 ] or section 78 of the Urban Councils Act
[Chapter 29:15 ];
“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;
“claim” means a claim to be registered as a voter in a ward or constituency;
“claim form” means the prescribed form of claim for registration as a voter under Part V;
“claimant” means a person who presents himself or herself for registration as a voter in terms of
subsection (1) of section twenty -four ;

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 14 –
“Clerk of Parliament” means the Clerk of Parliament appointed in terms of section 154 of the
Constitution;
“Commission” means the Zimbab we Electoral Commission established by section 238(1) of the
Constitution;
“Commissioner” means a member of the Commission, including the chairperson of the
Commission;
“constituency” me ans a constituency into which Zimbabwe is divided or deemed to have been
divided in terms of section 160 of the Constitution for the purpose of elections to the National
Assembly;
“constituency candidate” bears the meaning given to that phrase in section 45D;
“constituency centre ” means a constituency centre established in terms of section 37C(1)(c) for an
election to the office of President or in terms of section 3 7C(1)(d ) for an election of members of
Parliament, as the case may be;
“constituency elections officer”, in relation to –
(a) an election of a member of the Nati onal Assembly, means a person appointed in terms of
section 10(4)(a) as constituency elections officer for the purposes of that election;
(b) an election to the office of President, means a person appointed in terms of section 10(4)(b)
as the presidentia l constituency elections officer for the purposes of that election in the
constituency concerned;
“constituency member” bears the meaning given to that phrase in section 45 B;
“constituency return” means a return in the prescribed form recording the result of a collation of the
votes for a Presidential election at a constituency centre in terms of section 110;
“corrupt practice” means any of the following offences referred to in Part XIX, namely —
(a) undue influence;
(b) bribery;
(c) personation;
(d) att empting 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 Ur ban Councils Act [ Chapter 29:15 ] for any
local authority area;
“councillor” means a member of a council;
“covering envelope” means the envelope referred to in section 74(1)(b);
“designated magistrate” means a magistrate designated for the purposes of Par t VI by the Minister to
whom the administration of the Magistrates Court Act [ Chapter 7:10 ] has been assigned;
“designated office -bearer” means an office -bearer of a political party designated as such to the
Commission by the political party in accordance with section 38A(l)(a) or (b);
“disciplined force’’ means the Defence Forces, the Police Force or the Prison Service;
“district” means a district as defined in the Rural District Councils (Districts) Notice, 1992,
published in Statutory Instrument 67 of 1992, or any other enactment that may be substituted for
the same;
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 [ Chapte r 29:13 ] or the Urban
Councils Act [ Chapter 29:15 ];

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 15 –
as the case may be;
“election agent” means a chief election agent or person appointed in terms of section ninety -five as
an election agent;
“election expenses”, in relation to a candidate at an election, means all moneys expended or expenses
incurred on account of or in respect of the conduct or management of that election by that
candidate or on his or her behalf or in his or her interests, “but does not include the nomination
fee” or any moneys expended or expenses incurred by or in the interests of a political party of
which the candidate is a member if they do not relate directly to him or her;
“election period” or “period of an election” means —
(a) in the case of a Presidential election, the period b etween the calling of the election and the
declaration of the result of the poll in terms of section 110(3)(h);
(b) in the case of a general election for the purpose of electing members of Parliament, the
period between the calling of the election and the declaration of the result of the poll for the
last constituency in terms of section 66(1);
(c) in the case of an election to fill a vacancy in the membership of Parliament, the period
between the calling of the election and the declaration of the result of the poll for the
constituency concerned in terms of section 66(1);
(d) in the case of a general election for the purpose of electing councillors, the period between
the calling of the election and the declaration of the result of the poll in terms of s ection
130(1) for the last council area or ward of the local authority concerned
(e) in the case of an election for the purpose of filling a casual vacancy or special vacancy in the
governing body of a local authority, the period between the publication o f a notice referred
to in section 121A and the declaration of the result of the poll in terms of section 130(1) for
the council area or ward of the local authority concerned;
“Electoral Court” means the Electoral Court established by section one hundred a nd sixty -one ;
“electoral malpractice” means an intimidatory practice, corrupt practice, illegal practice or other
offence in terms of Part XX;
“electoral officer” means the Chief Elections Officer, an officer employed by the Commission or
seconded t o its service, a nomination officer, a provincial elections officer, a constituency
elections officer, a ward elections officer, a district elections officer, a presiding officer, a
polling officer, or any official referred to in section 18 (1) or 19;
“electoral province” bears the meaning given to that phrase in section 45;
“fixed date” means the 1st February 2005;
“general election” means a general election of members of Parliament, other than Chiefs;
“illegal practice” means any offenc e that is stated in Part XX to be an illegal practice;
“intimidatory practice” means any offence under Part XVIIIA;
“local authority area” means an area the limits of which have been fixed in terms of the Rural
District Councils Act [ Chapter 29:13 ] or the Urban Councils Act [ Chapter 29:15 ] or any other
laws substituted for the same;
“metropolitan council” means a council established by section 268 of the Constitution for a province
other than a metropolitan province ; 7
“Minister” means the Minister of Just ice, 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;
“multiparty liaison committee” has the meaning assigned to that term by s ection 160A;
7 Note by V eritas: The words in strikethrough font should be ignored, as obviously erroneous.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 16 –
“National Command Centre” means the National Command Centre established in terms of section
37C(1)(a);
“nomination day”, in relation to —
(a) the election of a member of Parliament, other than a Chief, means any day fixed in terms of
paragraph (a) of subsection (2) of section thirty -eight ;
(b) an election to the office of President, means the day fixed in terms of paragraph (a) of
subsection (1) of section one hundred and three ;
“nomination fee” means the sum deposited with the candidate’s no mination paper in terms of
section 47 or section 105;
“nomination officer” means any person appointed by the Commission to receive nominations for
candidates for elections to the office of the President or to Parliament or to a council;
“nomination paper i n the prescribed form", "nomination paper" or “nomination form" means, in
reference to –
(a) to the Presidential or National Assembly constituency elections, either of the forms
prescribed in the Ninth Schedule; or
(b) any other election, the prescribed n omination form;
“observer” means a person accredited as an observer in terms of Part IXB;
“office hours”, in relation to –
(a) an office that is normally open to members of the public, means the hours on a week -day
during which that office is open to membe rs of the public;
(b) an office that is not normally open to members of the public, means the hours on a week -day
during which business is conducted in that office;
“party list”, “party -list candidate” and “party -list seat” bear the meanings given to thos e phrases in
section 45B ;
“payment” includes any pecuniary or other reward;
“pecuniary reward” includes any office, place or employment, any valuable security or other
equivalent for money and any valuable consideration;
“personal expenses”, in relation to a candidate at an election, means the reasonable travelling
expenses of that candidate and of his or her chief election agent, if any, and the reasonable
expenses of their living at hotels or elsewhere for the purposes of and in relation to that election;
“political party” means any political organisation;
“polling day”, in relation to —
(a) an election to the office of President, means the day or days fixed in terms of section
38(l)(a)(ii) or (iii), as the case may be, for the taking of a poll in that ele ction;
(b) the election of a member of the National Assembly, other than a part y- list candidate, means
the day or days fixed in terms of section 38(1)(b)(ii ) for the taking of a poll in that election;
(c) the election of a Senator Chief, means the day fixed in terms of section 38(3)(b) for the
meeting of electoral colleges in terms of Part X;
(d) the election of a Senator to represent persons with disabilities, means the da y fixed in terms
of the Seventh Schedule for the meeting of Electoral College for Persons with a Disa bility ;
(e) the election of a councillor, means a day fixed in terms of section 38(l)(c)(ii) or 121 A(2)(c),
as the case may be, for the taking of a poll in that election;
“polling officer” means any person appointed in terms of subsec tion (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

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 17 –
the vo tes at a polling station in terms of section sixty -four ;
”postal vote” means a vote cast by a postal voter;
“postal voter ” means a person who votes by post in terms of Part XV;
“prescribed” means prescribed by the Commission by regulations made in terms o f section one
hundred and ninety -two ;
“presiding officer” means any person appointed in terms of subsection (2) of section fifty -two to be a
presiding officer;
“prohibited symbol” means a symbol or representation declared to be a prohibited symbol in terms of
subsection (1) of section one hundred and forty -six ;
“proof of identity” means a valid Zimbabwe passport, or a notice or identity document issued in
terms of section 7 of the National Registration Act [ Chapter 10:17 ], or a valid driver’s licence
contai ning an identity number assigned to the holder thereof under the National Registration Act
[Chapter 10:17 ];
“proof of residence”, in relation to a constituency, means proof by way of 
(a) a receipt or demand for payment of any rate in terms of the Urban C ouncils Act [ Chapter
29:15 ], rate or levy in terms Rural District Councils Act [ Chapter 29:13 ], or charge for the
provision of electricity, in the name of the owner of the property concerned (or in the case of
an occupier other than the owner, such a recei pt 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 c omplainant; or
(b) a sworn statement by the employer of the voter or claimant confirming the voter’s or
claimant’s address; or
(c) a bank statement, hospital bill or envelope with a post marking, bearing the name of the
voter or claimant and the voter’ s or claimant’s address; or
(d) a sworn oral or written statement by the councillor, chief, headman or village head of the
area or village where the voter or claimant resides, confirming that the voter or claimant
resides in the area or village concerned ; or
(e) a sworn written statement by a property owner on whose property the voter or claimant
resides;
“province” means an area of Zimbabwe declared as such in terms of the Provincial Councils and
Administration Act [ Chapter 29:11 ] or any other law subs tituted for the same;
“provincial command centre” means a provincial command centre established in terms of section
37C(1)(b);
“provincial co unci l” means a council established for a non -metro politan pro vince in ter ms of
section 269 of the Constitutio n;
“p rovincial elections officer” means a person appointed in terms of section 10(5);
“qualified”, in relation to a person claiming or entitled to be registered as a voter for a constituency,
means qualified to be a voter in that constituency in accordance with the Fourth Schedule to the
Constitution and section twenty -three , and “disqualification” shall be construed accordingly;
“register of assisted voters” means the register kept by a presidi ng offi ce r in term s of sec tion
59( 3);
“registered”, in relation to a voter, means registered in terms of Part V for the purpose of voting at an
election;
“registration office” means any office of a voter registration officer or office designated by the
Commission as a place where persons may register as voters ;
“responsi ble authority” means, in relation to —

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 18 –
(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 fo r the governance of the statutory
body concerned, or, if that board or body is not appointed at the time anything is required to
be done by it under this Act, the chief executive officer of that statutory body by whatever
name he or she may be styled;
“rov ing political party election agent ” means a roving political party election agent appointed in
terms of section 93A;
“runoff presidential election” means a second presidential election held in the circumstances
specified in section 110(3)(f)(iii);
“Speake r’’ means the Speaker of the National Assembly;
“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 memb ership of which consists wholly or mainly of
persons appointed by the President, a Vice -President, a Minister, any other statutory body or
by a Commission established by the Constitution;
“voter” in relation to an election to the office of President or to Parliament or to a governing body of
a local authority, means a person entitled to vote at that election by virtue of being registered as a
voter;
“voter registration officer ” means a person who is appointed in terms of section 19(1) to be a voter
registra tion officer , and includes any person assisting the Commission in that capacity;
“voters registration certificate” means a certificate of registration as a voter issued in terms of section
26;
“voters roll” means (unless expressly otherwise specified) the voters roll for any ward;
“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;”.
“ward centre” means a ward centre established for a council election in terms of section 37C(1)(f);
“ward elections officer” means a person appointed in terms of section 10(4)(c);
“Zimbabwe Human Rights Commission” means the Commission established by section 242 of the
Constitution.
(2) Subject to subsection (3), the Ministe r, after consultation with the Commission, may by notice in
a statutory instrument amend or replace the Ninth Schedule.
(3) When the Minister wishes to amend or substitute the Schedule the Minister shall lay the
draft statutory instrument amending or subs tituting the Ninth Schedule before the National
Assembly, and if the National Assembly makes no resolution against the publication of the statutory
instrument within the next seven sitting days after it is so laid before the National Assembly, the
Minister shall cause it to be published in the Gazette.
PART II
ZIMBABWE ELECTORAL COMMISSION
4A Corporate status and ancillary powers of Commission
(1) The Zimbabwe Electoral Commission shall be a body corporate capable of suing and being sued
and, subject to the Constitution and this Act, of performing all acts that bodies corporate may by law
perform.
(2) Without limiting subsection (1) but subject to this Act, for the better exercise of its functions the
Commission shall have power to do or cause to be done, ei ther by itself or through its agents, all or any of

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 19 –
the things specified in Part 1 of the Sixth Schedule, either absolutely or conditionally and either solely or
jointly with others.
4B Immunity of Commission, Commissioners, etc.
No legal proceedings shall lie against the Commission or any of the Commissioners or the Chief
Executive 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 wi thout gross
negligence in pursuance of this Act.
5 Additional functions and powers of Commission
In addition to the functions set out in section 239 of the Constitution, the Commission shall be
responsible for —
(a) undertaking and promoting research into electoral matters; and
(b) developing expertise and the use of technology in regard to electoral processes; and
(c) promoting co -operation between the Government, political parties and civil society in regard to
elections; and
(d) keeping the public inf ormed about —
(i) the times and places where persons can register as voters and the progress of the voter
registration exercise; and
(ii) the delimitation of wards, constituencies and other electoral boundaries; and
(iii) the location and boundaries of p olling 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) making recommendations to Parliament on appropriate ways to provide public financing for
political parties.
6 Terms and conditions of office of Commissioners
Part II of the Sixth Schedule appl ies to the terms and conditions of office of Commissioners.
6A Parliament to be informed of removal of Commissioner
If a tribunal established in terms of section 187 of the Constitution to inquire into the removal of a
Commissioner from office recommends that the Commissioner should be removed , the Minister shall
present a copy of the tribunal’s report and advice before the Senate and the National Assembly as soon as
practicable after the report and advice were delivered to the President, and in any event no later than
seven sitting days of whichever House meets first after the date on which the report and advice were
delivered to the President.
7 Procedure of Commission
(1) Part III of the Sixth Schedule applies to the procedure to be followed by the Comm ission at its
meetings.
(2) The Commission shall adopt and adapt the procedures set out in the Sixth Schedule in such a
manner as to promote fairness and transparency in the performance of its functions.
8 Decentralisation of Commission
The Commission sha ll 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 Co mmission shall appoint a chief executive who shall
be called the Chief Elections Officer.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 20 –
(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 co ntrol the activities of the other employees of the Commission in the course of
their employment;
(c) be the accounting officer of the Commission in terms of the Public Finance Management Act
[Chapter 22:19] (No. 11 of 2009);
(d) perform any of the functi ons of the Commission that the Commission may entrust or assign to
him or her:
Provided that the Commission shall not assign to the Chief Elections Officer any duty that
has been assigned to the Chairperson of the Commission.
(3) Any assignment of func tions 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 termina te 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
sub paragraph (2) of that paragraph, applied to him or her; or
(b) he or she breaches any condition of service prescribed in terms of section 191(2) (a1) for the
breach of which his or her appointment may be terminated.
(5) The Commission shall not terminat e the services of the Chief Elections Officer on a ground other
than one referred to in subsection (4) without the approval of the Minister.
(6) The Chief Elections Officer shall have the right to attend meetings of the Commission and,
except in the case of any discussion relating to the terms and conditions of his or her appointment, to take
part in the proceedings of the Commission as if he or she were a Commissioner, but shall not have a vote
on any question before the Commission.
(7) The Commission sh all employ such persons in addition to the Chief Elections Officer as it
considers expedient for the better exercise of the functions of the Commission.
(8) The Commission shall, with the approval of the Minister responsible for finance, fix the terms
an d conditions of service of the employees of the Commission.
(9) The remuneration and other benefits payable to the Chief Elections Officer and other employees
and agents of the Commission shall be paid from the funds of the Commission.
10 Staff of Commiss ion 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 authority of any statutor y body or council shall second to the Commission such persons in the
employment of the State, the statutory body or the local authority, as the case may be, as are necessary to
hold such offices and perform such functions as the Commission may direct durin g 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 per son seconded to the Commission under subsection (1)
shall be under its direction and control in every respect as if he or she were an employee of the
Commission.
(4) For the purposes of —
(a) an election of one or more constituency members of the National Assembly, the Commission
may appoint a member of its staff or one of the persons seconded in terms of subsection (1) to
be the constituency elections officer for each constituency in which the election is to take place;
(b) an election to the office of Pr esident, the Commission may appoint a member of its staff or one
of the persons seconded in terms of subsection (1) to be the presidential constituency elections
officer for each constituency for the purposes of the election;

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 21 –
(c) an election of one or mor e councillors, the Commission may appoint a member of its staff or one
of the persons seconded in terms of subsection (1) to be the ward elections officer for each ward
in which th e election is to take place.
10A Provisions guaranteeing independence of Com mission
(1) Every Commissioner and member of staff of the Commission shall perform their functions
independently.
(2) The State and any private person (including a private voluntary organisation), and any other
person, body, organ, agency or institut ion belonging to or employed by the State or any private person, a
local authority or otherwise, shall not interfere with, hinder or obstruct the Commission, its
Commissioners or any member of staff of the Commission, in the exercise or performance of thei r
functions.
(3) the State and any person, body, organ, agency or institution, belonging to or employed by the
State, shall afford the Commission such assistance as may be reasonably required for the protection of the
independence, impartiality and di gnity of the Commission.
11 Provisions to ensure independence, impartiality and professionalism of
Commissioners and staff and agents of Commission
(1) In this section —
“political office” means —
(a) the office of –
(i) the President; or
(ii) a Vi ce -President, Minister or Deputy Minister; or
(iii) a member of Parliament; or
(iv) a member of a provincial or metropolitan council; or
(v) a councillor;
or
(b) any executive or elected office, whether remunerated or not, in the service of a polit ical
party or of an organisation or movement which publicly supports or opposes the
policies, candidates or cause of a political party;
(2) Commissioners and the Commission’s employees and agents shall —
(a) exercise their functions in a manner that —
(i) promotes conditions conducive to free, fair and democratic elections and referendums;
and
(ii) ensures that the secrecy and integrity of voting at elections and referendums is respected;
and
(b) not interfere, directly or indirectly, with the exerci se by a voter of his or her rights under this
Act; and
(c) maintain strict impartiality in the exercise of their functions; and
(d) not do anything, whether in the exercise of their functions or otherwise and whether by way of
action, speech, attitude or manner, that may —
(i) give rise to a reasonable apprehension that they are exercising their functions with
partiality or bias; or
(ii) place in jeopardy their independence or the perception of their independence; or
(iii) compromise the Commission’ s credibility, impartiality, independence or integrity;
and
(e) assist accredited observers to exercise their functions under this Act; and
(f) safeguard all ballot boxes, ballot papers and other electoral documentation and materials
entrusted to the custody of the Commission in terms of this Act; and

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 22 –
(g) not —
(i) divulge, except in the exercise of his or her functions or with the Commission’s prior
approval; or
(ii) make private use of or profit from;
any confidential information gained through being a Commissioner or an employee or agent of
the Commission.
(3) Without derogation from section 236 of the Constitution or subsection (2)(c) and (d) of this
section, no Commissioner and no full -time employee of the Commission shall —
(a) hold, or see k 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 electio n
or referendum; or
(c) knowingly wear any badge or article of clothing that is or is reasonably likely to be associated
with a political party or candidate contesting any election or supporting or opposing any
question put to a referendum.
(4) Subsectio n (3) applies to part -time employees of the Commission during any period that they are
employed or engaged by the Commission.
12 Funds and finances of Commission
(1) The funds of the Commission shall consist of —
(a) moneys appropriated to the Commission by Act of Parliament; and
(b) fees, charges and other income accruing to the Commission from things done by it in terms of
this Act; and
(c) the proceeds of any monetary penalties imposed by the Commission under this Act; and
(d) nomination fees paid by candidates under this Act; and
(e) donations or grants from any local or foreign source whatsoever, which have been approved by
the Minister and the Minister responsible for finance; and
(f) such other moneys as may vest in or accrue to the Commiss ion, whether in the course of its
operations or otherwise, and whether under this Act or any other enactment.
(2) Moneys not immediately required by the Commission may be invested in such manner as the
Commission in consultation with the Minister may appr ove.
(3) [Repealed] .
(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 electi on or referendum has been announced, and in any
event no later than six months thereafter, the Commission shall submit a report on the conduct of the
election or referendum to —
(a) the President, the President of the Senate, the Speaker 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 and the Minister a report on its activities during that
financial year.
(3) The Commission —
(a) shall submit to the President, the President of the Senate, the Speaker and the Minister such
other reports on any matter related to its activities as the President, the President of the Senate,
the Speaker and the Minister may require; and

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 23 –
(b) may submit to the President, the President of the Senate, the Speaker and the Minister such other
reports on any matter related to its activities as the Commission considers advisable.
(4) The S peaker shall cause every report received in terms of subsection (1), (2) or (3) to be laid
before Parliament on one of the twenty -four days on which the Senate and the National Assembly next
sit, whichever House meets first after the Speaker has received t he report.
(5) The Minister shall, within six months of the end of the Commission’s financial year, lay before
Parliament a report submitted to him or her by the Commission in terms of subsection (3)(a).
14 Legal proceedings against Commission
(1) Subjec t 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 Liabilitie s Act [ Chapter 8:14 ], no notice of intention to
institute proceedings as required by those provisions shall be required when instituting proceedings
against the Commission.
15 and 16 [Repealed] PART III
17 [Whole Part repealed] PART IV
VOTER REGISTRATIO N FUNCTIONS OF COMMISSION
17A Voter registration to be conducted continuously
(1) Voter registration shall be conducted on a continuous basis so as to keep the voters rolls up -to-
date.
(2) Pursuant to subsection (1), every person claiming to be a voter s hall be entitled, at any time while
the voters roll is open, to lodge a claim for registration as a voter or for the transfer of registration as a
voter in terms of this Act —
(a) during normal working hours on any working day, in the case of a registratio n office; or
(b) during the period when a mobile voter registration facility is operating in the area where the
voter wishes to be registered as a voter, or from or to which he or she wishes to be transferred as
a voter.
18 Commission to register voters
(1) In this section —
“former Registrar -General of Voters ” is a reference to the Registrar -General of Voters appointed in
terms of section 18 of this Act before its substitution by this section through the General Laws
Amendment Act, 2016; .
“Registrar -Gen eral of Births and Deaths” means the person referred to section 3(a) of the Births and
Deaths Registration Act [ Chapter 5:02 ];
“Registrar -General of Citizenship” means the person referreed to in section 3 of the |Citizenship of
Zimbabwe Act [Chapter 4:01];
“Registrar -General of National Registration” means the person referred to in section 3(a) of the
National Registration Act [Chapter 10 :17 ].
(2) The Commission is deemed with effect from the 22nd May, 2013 (being the “publication day” of
the Constitut ion of Zimbabwe, 2013), to have assumed the functions of the former Registrar -General of
Voters , that is to say, such functions as were imposed or conferred upon the Registrar -General of Voters
by or under this Act before the 22nd May, 2013, including in p articular the functions of registering voters,
compiling voters’ rolls and registers, ensuring the proper custody and maintenance of voters’ rolls and
registers, and all other functions in connection therewith :

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 24 –
Provided that, consistently with section 239( j) of the Constitution, the Commission may g ive such
instructions to the form er Registrar -General of Voters, in his or her capacity as the Registrar -General of
Births and Deaths, the Registrar -General of Citizenship and the Registrar -General of National
Re gistration, as will ensure the efficient, free, fair, proper and transparent conduct of any election or
referendum.
(3) Notwithstanding any other provision of this Act, the Commission may —
(a) direct the Chief Elections Officer, a voter registration offi cer, the former Registrar -General of
Voters or (subject to paragraph (b)) any member of the Civil Service to assume and exercise any
function which in terms of this Act before its amendment by the General Laws Amendment Act,
2016, is vested in a constituen cy registrar;
(b) with the consent of the Civil Service Commission, instruct any member of the Civil Service to
assist it in any of its voter registration functions in terms of this Act;
(c) in relation to an election to which Part XVIII applies, delegat e any of its voter registration
functions in te rms of this Act, the Rural District Councils Act [Chapter 29: 13] or the Urban
Councils Act [Chapter 29:15] to a member of the Civil Service.
(4) The Commission and the former Registrar -General of Voters, in h is or her capacity as the
Registrar -General of Births and Deaths, the Registrar -General of Citizenship and the Registrar -General of
National Registration, have a duty to cooperate with each other to ensure that their respective databases,
as they relate to the eligibility or potential eligibility of voters, are in harmony with each other.
(5) The Minister may, after consultation with the Commission and the former Registrar -General of
Voters, by regulations made in terms of th is section, provide for —
(a) the manner of dea ling with any confidential inform ation in the custody of the former Registrar –
General of Voters and the conditions under which it may be shared with the Commission; and
(b) the resolution of any discrepancies between the records of the form er Registrar -General of
Voters and those of the Commission; and
(c) the resolution of any disputes whatsoever that may arise bet ween the Commission and the
form er Registrar -General of Voters; and
(d) mandatory automatic and electronic voter registration.
19 Voter registration officers and registration offices
(1) Voter registratio n shall be conducted by the Commissio n through its voter registration
officers (who shall be employees of the Commission and who may be appointed to this office
conjunctively with any other office as an electoral officer) or any persons whom the Commission
may from time to time appoint to assist in voter registration.
(2) A voter registration officer shall be appointed for such locality as the Commission may
determine, inclu ding (but not limited to) a constituency, district or ward.
(3) Voter registratio n officers shall exercise the function s confe rred upon them by or under this
Act under the general supervisio n and direction of the Commission.
(4) A person seeking regist ration as a voter may approach any of the registration offices of the
Commission for registration as a voter during the period specified in section 17A(2).
20 Voters rolls to be kept by Commission
(1) The Commission shall keep and maintain in printed an d electronic form a voters roll for each
ward and constituency, containing the names of all registered voters who may vote in that ward and
constituency.
(2) A voters roll shall specify, in relation to each registered voter —
(a) the voter’s first and las t names, date of birth , national registration number and sex ; and
(b) the place where the voter ordinarily resides; and
(c) such other information as may be prescribed or as the Commission considers appropriate.
(3) Subject to subsection (2), a voters roll shall be in such form as may be prescribed or as the
Commission considers appropriate.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 25 –
Provided that every roll shall be kept in both printed and electronic form.
(4) The Commission shall —
(a) keep at least one copy of every voters roll at its head office; and
(b) keep at least one copy of each ward and constituency voters roll at all the Commission’s offices
within the constituency concerned:
Provided that where there is no office of the Commission within the constituency concerned,
the constitue ncy registrar shall have charge and custody of the ward and constituency voters roll
for his or her constituency; and
(c) keep at least one copy of a consolidated national voters roll at its head office.
(5) In the event of any discrepancy between an el ectronic copy of a voters roll and a printed copy of
a voters roll, the latter shall be deemed to be the authentic record of the voters roll.
21 Inspection of voters rolls and provision of copies 8
(1) Every voters roll shall be a public document and open to inspection by the public, free of charge,
during ordinary office hours at the office of the Commission or the registration office where it is kept.
(2) A person inspecting the voters roll for a constituency may, without removing the voters roll,
make a ny written notes of anything contained therein during office hours.
(3) The Commission shall within a reasonable period of time provide any person who requests it, and
who pays the prescribed fee, with a copy of any ward or constituency voters roll, eithe r in printed or in
electronic form as the person may request.
(4) Within a reasonable period of time after the calling of an election, the Commission shall provide,
on payment of the prescribed fee, to every political party that intends to contest the elec tion, and to any
observer who requests it, one copy of every voters roll to be used in the election, either in printed or in
electronic form as the party or observer may request.
(5) Fees prescribed for the purposes of subsection (3) or (4) shall not excee d the reasonable cost of
providing the voters roll concerned.
(6) Within a reasonable period of the 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 us ed in the election for which the candidate has
been nominated.
(7) Where a voters roll is provided in electronic form in terms of subsection (3), (4) or (6), its format
shall be such as allows its contents to be searched and analysed:
Provided that —
(i) the roll may be formatted so as to prevent its being altered or otherwise tampered with;
(ii) the Commission may impose reasonable conditions on the provision of the roll to prevent
it from being used for commercial or other purposes unconnected with an el ection.
(8) For the purposes of any election the Chief Elections Officer shall, through the appropriate
constituency elections officer, supply sufficient copies of the ward voters roll to every polling station.
(9) Any person who, having been provided with a voters roll in terms of this section —
(a) alters the voters roll, that is to say, excises any name from, adds any name to or otherwise alters
the voters roll with intent to misrepresent to any person that the altered voters roll is the
authentic voters roll for any election; or
(b) makes use of the voters roll for commercial or other purposes unconnected with an election;
8 Section as amended by s. 6 of Act 3/2012.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 26 –
shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period
not exceeding five years or to both such fine and such imprisonment.
22 Powers to demand information
In the performance of his or her duties under this Act, a voter registration officer shall at all times
have the power —
(a) to demand from any claimant any information reasonably necessary to enable the voter
registration officer to ascertain whether the claimant is qualified to be registered as a voter or to
ascertain his or her place of residence;
(b) to demand from any person any information reasonably necessary to enable the voter
registration officer to ascertain whether a voter or a claimant is qualified to be registered as a
voter or to ascertain the place of residence of any voter or claimant or whether any voter or
claimant is dead;
(c) to require any voter or claimant t o answer such reasonable questions as will enable the voter
registration officer to complete a prescribed form of claim in accordance with section twenty –
four .
22A Polling station voters rolls
[Note by Veritas: This section is not yet in force. Please r efer to the Appendix commencing at page 154
of this document for details of this section and other amendments related to polling station -based voting,
which will be brought into force by the Zimbabwe Electoral Commission at a later date. Section
22A(3)(a) was amended by Act 3/2016. ] PART V
RESIDENCE QUALIFICATIONS OF VOTERS AND REGISTRATION OF VOTERS
23 Residence qualifications of voters
(1) Subject to the Constitution and this Act, in order to have the requisite residence qualifications to
be registered as a voter in a particular constituency, a claimant must be resident in that constituency at the
date of his or her claim:
Provided that if a claimant satisfies the voter registration officer that he or she is or intends to be a
candidate for election as a member of Parliament for a particular constituency in which he or she is not
resident, the claimant may be registered as a voter in that constituency.
(2) For the purposes of subsection (1), a claimant shall be deemed to be residing in a constituency
wh ile he or she is absent therefrom for a temporary purpose.
(3) A voter who is registered on the voters roll for a constituency, other than a voter who has been
registered in that constituency in terms of the proviso to subsection (1), shall not be entitle d to have his or
her name retained on such roll if, for a continuous period of twelve months, he or she has ceased to reside
in that constituency:
Provided that nothing in this subsection shall prevent his or her name from being struck off such
voters roll —
(a) on his or her being registered in another constituency; or
(b) if he or she becomes disqualified for registration as a voter.
(4) The Commission, any voter registration officer or any officer of the Commission may demand
from any voter who is regi stered 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 a dditionally, or alternatively, proof of residence:
Provided that the prescribing of such documents shall not preclude a person from proving his or her
identity or residence by other means.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 27 –
24 Claims for registration
(1) Any person who wishes to be registe red as a voter on the voters roll for any constituency shall
present himself or herself at the appropriate registration office in order for the appropriate prescribed
claim form to be completed on his or her behalf by the voter registration officer :
Provid ed that a claimant who, in accordance with the proviso 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 s eeks registration in a constituency in which he or she is not resident, he or she
shall provide the Commission with an address in that constituency where he or she shall be deemed to be
resident for the purposes of any delimitation of constituencies in ter ms of the Constitution.
(3) If the voter registration officer is satisfied that a claimant who seeks registration in a constituency
in which he or she is resident is entitled to be registered as a voter on the voters roll for that constituency,
the voter registration officer shall, pursuant to the claim form and subject to this Part, enter the claimant’s
name and the particulars relating to him or her on that voters roll.
(4) If, on receipt of a claim form in which the claimant seeks registration in a con stituency in which
he or she is not resident, the Commission is satisfied that it is appropriate for the claimant to be registered
in that constituency, the Commission shall direct the appropriate voter registration officer to enter the
claimant’s name and particulars relating to him or her on the voters roll for his or her constituency.
(5) If a voter registration officer considers that a claimant should be registered on the voters roll for
some other constituency, the vro shall forward the claim to the c onstituency registrar for that other
constituency and shall advise the claimant accordingly.
(6) The Commission, any voter registration officer or any officer of the Commission may demand
from any claimant proof of identity or proof of residence in that c onstituency or both of the foregoing.
(7) Any applicant aggrieved by any decision of the Commission or voter registration officer made
under this section may lodge a complaint with the Commission in terms of section one hundred and
ninety .
25 Claims for t ransfer 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 -fou r, to be
registered in another constituency in which he or she is not resident;
may present himself or herself at the appropriate registration office in order for the appropriate prescribed
form to be completed on his or her behalf by the voter registratio n officer and shall submit to such officer
the voters registration certificate, if any, issued to him or her:
Provided that where an applicant seeks transfer of registration because he or she is or intends to be a
candidate for election as a member of Parl iament in a constituency in which he or she is not resident, the
applicant shall send the appropriate prescribed form to the Commission for its approval.
(2) Where an applicant seeks transfer to a constituency in which he or she is not resident, the
appli cant shall provide the Commission with an address in that constituency where he or she shall be
deemed to be resident for the purposes of any delimitation of constituencies in terms of the Constitution.
(3) If the voter registration officer is satisfied t hat an applicant who seeks transfer of registration to a
constituency in which he or she is resident is entitled to the transfer, the voter registration officer shall —
(a) remove the applicant’s name from the voters roll for his or her constituency; and
(b) forward the applicant’s name and particulars to the voter registration officer for the constituency
to which the applicant has applied to be transferred.
(4) On receipt of an applicant’s name and particulars forwarded to him or her in terms of subsect ion
(3) a voter registration officer , if satisfied that the application is in order, shall register the applicant on
the voters roll for his or her constituency and, as soon as he or she has done so, notify the voter thereof.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 28 –
(5) If, on receipt of an appl ication in terms of the proviso to subsection (1) in which the applicant
seeks transfer to a constituency in which he or she is not resident, the Registrar -General of Voters is
satisfied that it is appropriate for the applicant to be registered in that con stituency, he or she may direct —
(a) the voter registration officer for the constituency in which the applicant is registered to remove
the applicant’s name from the voters roll for his or her constituency and forward the applicant’s
name and particulars to the voter registration officer for the constituency to which the applicant
has applied to be transferred; and
(b) the voter registration officer of the constituency to which the applicant has applied to be
transferred, on receipt of the applicant’s nam e and particulars forwarded to him or her in terms
of paragraph (a), to register the applicant on the voters roll for his or her constituency and, as
soon as he or she has done so, to notify the voter thereof;
and the voter registration officers concerned shall comply with any such direction.
(6) Any applicant aggrieved by any decision of the Commission or a voter registration officer made
under this section may appeal against the decision to a designated magistrate for the province in which
either of the constituencies concerned is situated.
26 Voters registration certificates
(1) On the registration of a voter in terms of this Part the voter registration officer shall issue him or
her with a voters registration certificate specifying —
(a) the voter’s last name, date of birth, national registration number and sex; and
(b) the ward, constituency, district, province and, in the case of polling station specific registration,
the polling station in or for which the voter is registered.
(2) On the transfer of the registration of a voter in terms of section 25 the voter shall be issued with a
voters registration certificate by the voter registration officer of the constituency to which he or she has
been transferred.
26A Closure of voters rolls 12 days afte r nomination day
No person shall be registered as a voter for the purposes of voting at any Presidential election or
election of members of the National Assembly or councillors unless he or she lodges a claim for
registration or transfer of registration un der section 24 or 25 no later than twelve days after the
nomination day fixed in terms of a proclamation referred to in section 38 or a notice referred to in section
39, as the case may be, in relation to that election.
PART VI
OBJECTIONS TO REGISTRATION O F VOTERS
27 Objections by voter registration officer
(1) Subject to subsection (7), if a voter registration officer has reason to believe that —
(a) a claimant is not entitled to be registered; or
(b) a claimant is not entitled to be registered on the vo ters roll on which he or she has claimed to be
registered; or
(c) a voter registered on a voters roll is not qualified for registration on that voters roll;
the voter registration officer shall send to the claimant or voter, as the case may be, written no tice of
objection to which a form of notice of appeal shall be annexed:
Provided that no such objection shall be taken or notice sent during an election period (other than
during an election period referred to in paragraph (c) or (e) of the definition of the term “election period”
in section 4(2), if the objection or notice does not relate to a claimant or voter who may vote at an election
referred to in those paragraphs).
(2) A notice of objection in terms of subsection (1) shall be in the prescribed for m and shall set
forth —
(a) the grounds of objection; and

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 29 –
(b) that, unless notice of appeal is given within a time stated therein, being not less than seven days,
or the voter registration officer , on representations made by the person to whom the objecti on
relates, withdraws his or her objection, the claim will be rejected and the claimant registered on
the appropriate voters roll or the voter’s name struck off the voters roll, as the case may be.
(3) If—
(a) notice of appeal is not duly given or is wit hdrawn and the voter registration officer does not
withdraw his or her objection, the voter registration officer shall reject the claim, register the
claimant on the appropriate voters roll or strike the voter’s name off the voters roll, as the case
may be ;
(b) notice of appeal is duly given —
(i) the voter registration officer shall, unless he or she withdraws his or her objection,
forthwith set down the objection for hearing before a designated magistrate of the
province in which the claimant or voter re sides; and
(ii) the designated magistrate shall appoint a day and place for the hearing, the day so
appointed being not more than thirty days after the date of receipt of the notice of appeal
from the voter registration officer .
(4) The voter registrati on officer shall give written notice to the appellant of the day and place
appointed for the hearing.
(5) A notice of appeal shall be accompanied by the prescribed fee.
(6) The appellant may withdraw his or her appeal on written notice to voter registrat ion officer , and,
if the objection has been set down in terms of subsection (3) for hearing, the voter registration officer
shall notify the designated magistrate of such withdrawal.
(7) Notwithstanding this section, where a claimant or voter has ceased t o be a citizen of Zimbabwe
and thereby ceases to be entitled to vote in terms of the Fourth Schedule to the Constitution, it shall not be
necessary to send a notice of objection to a claimant or voter before rejecting his or her claim for
registration or s triking his or her name off the voters roll, as the case may be, if the voter registration
officer —
(a) publishes a notice of such striking -off in the Gazette or in a newspaper circulating in the area of
the constituency concerned; and
(b) gives writte n notice to the claimant or voter concerned that his or her claim for registration is
incompetent or his or her name has been or is to be struck off the voters roll because he or she
has ceased to be a citizen of Zimbabwe.
28 Objections by voters
(1) A vo ter may object to the retention of any name on the voters roll of the constituency in which
the objecting voter is registered, and to the removal of his or her name from the voters roll in terms of
section 33(4).
(2) An objection in terms of subsection ( 1) shall be —
(a) in writing, setting forth the grounds of the objection; and
(b) lodged in duplicate with the voter registration officer ; and
(c) accompanied by the prescribed fee.
(3) If an objection in terms of subsection (1) is lodged and —
(a) the voter registration officer upholds the objection, he or she shall give written notice
accordingly to —
(i) the voter who has objected; and
(ii) the person to whom the objection relates, where the effect of upholding the objection is
to strike his or her name off the voters roll or to place it on another voters roll;
and strike the name of the person to whom the objection relates off the voters roll or place it on
another voters roll, as the case may be, within fourteen days of the date when the voter
registration officer gives notice in accordance with this paragraph, unless, within that period —

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 30 –
A. the voter who has objected submits to the voter registration officer a written notice
to the effect that he or she wishes the objection to be heard (notwith standing that
the objection is upheld); or
B. the person to whom the objection relates submits to the voter registration officer a
written notice to the effect that he or she wishes the objection to be heard;
in which event paragraph (b) shall apply as if the voter registration officer did not uphold the
objection;
(b) the voter registration officer does not uphold the objection, he or she shall (after affording the
objector an opportunity to withdraw the objection in any case where it was based on an obvious
error or misunderstanding on the part of the objector) —
(i) forthwith set down the objection for hearing before a designated magistrate of the
province in which the person to whom the objection relates resides; and
(ii) the designated magistrate shall appoint a day and place for the hearing, the day so
appointed being not more than thirty days after the date of lodging of the objection.
(4) The voter registration officer shall —
(a) give written notice to the person lodging the objection and to the person to whom the objection
relates of the day and place appointed for the hearing; and
(b) send with such notice to the person to whom the objection relates a copy of the objection, setting
forth the grounds thereof.
(5) Notwithstanding anything in this section, if the voter registration officer receives an objection in
terms of subsection (1) during the period of thirty days immediately prior to the polling day or first
polling day, as the case may be, fixed for an election in the constituency in w hich the person to whom the
objection relates is registered, he or she shall take no action on such objection until after the close of the
polling day or last polling day, as the case may be.
(6) A voter who has objected in terms of this section may, at a ny time after the objection is set down
for hearing in terms of subparagraph (i) of paragraph (b) of subsection (3), withdraw the objection on
written notice to the voter registration officer and the voter registration officer shall notify the person to
wh om the objection relates and the designated magistrate of such withdrawal, and no further proceedings
shall be taken in relation to that objection.
29 Hearing and determination of objections by designated magistrate
(1) On the hearing of an objection in t erms 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 rel ates 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 consti tuency, setting forth the
reasons for his or her claim or for remaining on the voters roll, as the case may be;
(c) if objector does not appear as provided in paragraph (a), the designated magistrate shall disallow
the objection unless the person to whom the objection relates has, in writing, admitted the
validity of the objection;
(d) if the person to whom the objection relates has, in writing, admitted the validity of the objection,
the designated magistrate shall direct the voter registration officer —
(i) in the case of a claim for registration as a voter, to reject the claim or to register the voter
on the correct voters roll;
(ii) in the case of an objection to a registered voter, to strike his or her name off the voters
roll or to place it on the correct voters roll;

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 31 –
(e) if the objector appears as provided in paragraph (a), the designated magistrate shall hear and
determine the objection and may direct the voter registration officer —
(i) in the case of a claim, to register the claimant or reject the claim; or
(ii) in the case of an objection to a registered voter, to retain his or her name on the voters
roll, to place it on the correct voters roll or to strike it off the voters roll;
as he or she may think fit;
(f) no grounds of objection sha ll be entertained except such as are specifically set forth in the
objection as lodged;
(g) if any party to the proceedings appears by an authorised agent, the designated magistrate may, if
he or she considers it necessary, adjourn the hearing for the att endance 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 constituen cy registrar 9 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 hou rs after that date, a reasonable excuse for such failure to appear;
or
(ii) he or she has disallowed the appeal and held that the grounds of appeal were frivolous or
vexatious;
(b) in the case of the hearing of an objection by a voter in terms of sectio n 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 objecti on were frivolous or vexatious.
30 Statement of case for opinion of judge in chambers
(1) If, on the hearing of an objection in terms of section twenty -seven or twenty -eight —
(a) the nature of the claim or objection is such that the designated magistrate is doubtful as to the
proper decision to be given upon it, he or she may draw up a statement of the facts and state a
question for decision and shall sign it; or
(b) a party to the proceedings so requests, the designated magistrate shall draw up a statem ent of the
facts and state a question for decision and sign it, and such statement shall be signed by the party
at whose request it is made;
and the designated magistrate shall transmit the statement to the registrar of the High Court to be laid
before a j udge in chambers.
(2) Where a case is laid before a judge in terms of subsection (1), the objector and the person to
whom the objection relates and any other party interested shall be entitled to be heard in person or
represented by a legal practitioner i n argument upon the question stated in the case.
(3) The judge before whom a case is laid in terms of subsection (1) —
(a) may call for further information, if he or she thinks fit, from the designated magistrate who
transmitted it; and
(b) shall give su ch 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 suc h order as to costs as he or she thinks fit.
9 Not formally amended by Act 3/2016, but “constituency registrar” should be read as “voter registration officer”.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 32 –
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 o bjection and at such other place or
places as the voter registration officer may direct and shall be maintained there until the objection is so
heard and determined.
PART VII
MISCELLANEOUS PROVISIONS RELATING TO REGISTRATION OF VOTERS
32 Removal of duplica tions
(1) The various voter registration officers shall ensure that no person is registered as a voter —
(a) more than once on the voters roll for any one constituency; or
(b) on the voters rolls for more than one constituency.
(2) Subject to subsection (3), if a voter registration officer is satisfied that a voter is registered —
(a) more than once on the voters roll for his or her constituency, the voter registration officer shall
remove the name where it occurs on the second or any subsequent occasion ;
(b) on the voters roll for his or her constituency and on the voters roll for any other constituency, the
voter registration officer shall remove the name of the voter from his or her voters roll unless he
or she is satisfied that the voter is entitled to be registered on his or her voters roll rather than on
the other voters roll.
(3) A voter registration officer shall not remove the name of a voter in terms of subsection (2) unless
section twenty -seven is complied with, and that section and sections twenty -nine and thirty shall apply,
with any changes that may be necessary, as though the voter registration officer were taking an objection
in terms of subsection (1) of section twenty -seven .
33 Removal from voters roll on disqualification, death or absen ce
(1) Subject to subsection (5), if a voter registration officer has reason to believe that a voter whose
name is registered on a voters roll has become disqualified for registration as a voter, or is dead, the voter
registration officer shall remove his or her name therefrom.
(2) Subject to subsection (5), if a voter registration officer is satisfied that a voter registered on a
voters roll —
(a) has been absent from his or her constituency for a period of twelve months or longer and is not a
voter who was registered with the approval of the voter registration officer in a constituency in
which he or she was not resident; or
(b) has left Zimbabwe with the intention of residing permanently outside Zimbabwe;
the voter registration officer shall remove su ch voter’s name therefrom.
(3) In determining the period of absence of any person for the purposes of subsection (2), no account
shall be taken of any period during which the person —
(a) resides outside his or her constituency while he or she is a Vice -President, Minister, Provincial
Governor or Deputy Minister; or
(b) is occupied in the discharge of his or her duties outside Zimbabwe while in the service of the
State; or
(c) resides temporarily outside Zimbabwe by reason of —
(i) his or her service w ith an international organisation of which Zimbabwe is or was at the
time a member; or
(ii) his or her employment by —
A. a person resident in Zimbabwe; or
B. a society, body of persons or company, the control and management of which are
in Zimbabwe; or

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 33 –
C. a body incorporated directly by an enactment in force in Zimbabwe;
or
(iii) his or her attendance at a university or other educational institution;
or
(d) resides outside Zimbabwe on account of ill -health or disability; or
(e) is absent from his or her constituency for the purpose of being with his or her spouse if such
spouse is a person referred to in paragraph (a), (b), (c) or (d).
(4) A voter registration officer shall not remove the name of a voter in terms of subsection (1) or (2)
unless h e or she has published his or her intention to do so in a newspaper circulating in the area of the
voter’s last -known address and sent to the voter’s last known address a written notice of objection
addressed to the voter, to which a form of notice of app eal has been annexed.
(5) The proviso to subsection (l) of, and subsections (2) to (7) of, section twenty -seven and sections
twenty -nine and thirty shall apply, with any changes that may be necessary, in relation to the exercise by a
voter registration of ficer of his or her powers in terms of subsection (1) or (2) as though the voter
registration officer were taking an objection in terms of subsection (1) of section twenty -seven .
34 Registration of voter no longer disqualified
A person whose name has been removed from a voters roll terms of section thirty -three on the
grounds of disqualification may, when no longer disqualified, claim to be registered as a voter.
35 Additional powers to alter voters rolls
(1) In addition to other powers of alteration confe rred by this Part, a voters roll may be altered —
(a) by the Registrar -General of Voters 10 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 registrar 11 at any time by correcting any obvious mistake or omission, or by
changing, on the written application of a voter, the original name or address of the voter to an
altered name or address.
(2) In the case of an alteration in terms of subsection (1) made otherwise than on the oral or written
application of a voter, a notice of the alteration shall be published in the Gazette by the Commission or
voter registration officer , as the case may be.
(3) Any voter aggrieved by any decision of the Commission or voter registration officer made under
this section may lodge a complaint with the Commission or voter registration officer in terms of section
one hundred and ninety .
36 How alterations to be made
All alterations made in terms of this Part shall be made in such a manner that the original entry on a
voters roll or a copy of a voters roll shall not be obliterated and the reason for the alteration and the date
thereof shall be set against the alteratio n, together with the initials of the person making the alteration.
36A New registration of voters
(1) Subject to subsection (2) (concerning the non -interruption of continuous registration and the
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 proclamation in the Gazette , order that there shall be a new registration of voters —
(a) in all wards and constituencies; or
(b) in such wards or constituencies as are specified in the proclamation;
and in the proclamation the President shall fix —
(c) the day upon which the new registration shall begin; and
10 Not fo rmally amended by Act 3/2016, but “ Registrar -General of Voters ” should be read as “Commission”. 11 Not formally amended by Act 3/2016, but “constituency registrar” should be read as “ voter registration officer ”.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 34 –
(d) the latest day upon which claims and applications for registration shall be received, which day
shall not be less than sixty days and not more than six months after the day fixed in terms of
paragraph(c).
(2) Where a proclamation is published in terms of subsection (1) —
(a) section 17A (“Continuous registration”) shall continue to apply and operate alongside the new
registration of voters;
Provided that when a new voters roll is produced after the conclusion of a new registration
of voters ordered by the proclamation, such roll shall, with effect from such date as the
Commission shall fix by notice in the Gazette, be the definitive voters roll on the basis of which
the continuous registration of voters in terms of section 17A shall be conducted;
and
(b) the day fixe d in the proclamation as the latest day upon which claims and applications for
registration shall be received may be postponed by the Commission by notice in the Gazette to
a day not later than one hundred and eighty -one days from the first -mentioned day.
(3) Any person who, immediately before the publication of a proclamation in terms of subsection (1),
is registered 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 con stituency concerned without completing a claim form but
merely producing proof of identity to the voter registration officer for the ward or constituency in which
he or she was so registered.
Provided that if any such person seeks (by reason of having chan ged his or her residence) to be
transferred to another ward from the ward in which he or she was registered as voter on a voters roll
immediately before the publication of a proclamation in terms of subsection (1), he or she must
(notwithstanding anything to the contrary in this Act) —
(a) appear before the voter registration officer 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 from d eposing to the following facts,
namely that he or she —
(i) was registered as voter on a voters roll for another (named) ward immediately before the
publication of a proclamation ordering the new registration of voters; and
(ii) now qualifies to be regi stered in the (named) ward located within the constituency of the
voter registration officer 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 hi s 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 residing outside his or her constituency in the circumstances descr ibed in section 33(3)(a) to (e), the
person may, in a written application in terms 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 was last residing in the
cons tituency 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 subsection (1),
was registered wi th the approval of the Commission in a constituency in which he or she was not resident
may, in a written application in terms 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, a nd that person shall be entitled, subject to
this Act, to be registered on the new voters roll for the constituency in which the address is situated.
36B Proof required for removal from voters roll on death or absence
If a voter registration officer actin g 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

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 35 –
(b) has been absent from his or her constituency for a period of twel ve months or longer and is not a
voter who was registered with the approval of the Commission in a constituency in which he or
she was not resident; or
(c) has left Zimbabwe with the intention of residing permanently outside Zimbabwe;
and the voter regis tration officer or objecting voter produces to a designated magistrate or a judge in
chambers, as the case may be, any of the following —
(d) a death certificate or authenticated copy thereof relating to the voter sought to be removed; or
(e) a sworn sta tement by the mother, father, brother, sister, son, daughter or other direct descendant
of the voter sought to be removed that the voter is dead, or absent for the reason mentioned in
paragraph (b) or (c); or
(f) a sworn statement by the councillor, Chie f, headman or village head of the area or village where
the voter sought to be removed last resided, that the voter is dead;
then it shall be presumed, in the absence of any other reliable evidence, that the ground thus put forward
is established.
PART VI II
OFFENCES IN RELATION TO REGISTRATION OF VOTERS
37 Offences in relation to registration of voters
(1) Any person who —
(a) receives a claim form and without just cause fails or neglects to do anything in connection with
such claim form which he or she i s required by this Act to do; or
(b) having obtained possession of a claim form signed by any other person for the purpose of being
delivered to the c voter registration officer , fails so to deliver it within a period of seven days
calculated from the day on which he or she obtained possession thereof;
shall be guilty of an offence and liable to a fine not exceeding level four.
(2) Any person who —
(a) makes a false statement of fact in any claim or application for registration knowing the
statement to be false or not knowing or believing it to be true; or
(b) after demand made of him or her in terms of paragraph (a), (b) or (c) of section twenty -two —
(i) without just cause, fails to give any such information as he or she possesses or
unreasonably delays in giving the same; or
(ii) furnishes information which he or she knows to be false or does not know or believe to
be true;
or
(c) fails to comply with any requirement made in terms of section twenty -two ; or
(d) in the name of any other person, wheth er 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 no t knowing or believing it to be true; or
(f) by himself or herself or any other person procures the registration of himself or herself or any
other person on a voters roll for a constituency, knowing that he or she or such other person is
not entitled to be registered on that voters roll or is already registered thereon; or
(g) by himself or herself or any other person procures the registration of a fictitious person;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to im prisonment for a
period not exceeding two years or to both such fine and such imprisonment.
(3) Any person who by 

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 36 –
(a) by intimidation, fraud or misrepresentation causes or induces or attempts to cause or induce any
person or any group of persons general ly to refrain from registering or taking steps to register as
a voter or voters, as the case may be; or
(b) takes, destroys or damages any document belonging or relating to another person in order to
prevent the registration of that person as a voter;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a
period not exceeding two years or to both such fine and such imprisonment.
PART VIIIA
DELIMITATION OF CONSTITUENCIES AND ELECTORAL BOUNDARIES
37A Delimi tation of constituencies and electoral divisions to be conducted
openly and with consultation
(1) Before fixing and reviewing the boundaries of constituencies and other electoral divisions, the
Commission shall cause notice of its intention to do so to b e published in the Gazette and in such other
manner as the Commission thinks appropriate.
(2) When fixing or reviewing the boundaries of constituencies and other electoral divisions, the
Commission shall, so far as is practicable within the time available , entertain representations from voters,
political parties and other interested persons and bodies likely to be affected by the decision made by the
Commission.
37B Commencement of delimitation of wards and constituencies
Before the President, in terms of section 100J(1) of the Constitution, notifies the Commission of a
date on which the Commission is to determine the limits of wards and constituencies, the President
shall —
(a) consult the Commission; and
(b) fix the date so as to allow the Commission ad equate time to determine the limits of the wards
and constituencies and prepare its final report in terms of section 100J of the Constitution before
the calling of the next general election.
37C Electoral centres
(1) The Commission shall designate a place —
(a) to be the National Command Centre from which it controls all elections conducted in terms of
this Act;
(b) within each province to be the provincial command centre for the purposes of
(i) a presidential conducted within the province; or
(ii) an election of party -list members of Parliament conducted within the province; or
(iii) an election of members of the provincial council established for the province;
(c) within each constituency, to be the presidential constituency centre for the purpos es of a
presidential election conducted within the province;
(d) within each constituency, to be the constituency centre for the purposes of an election of
members of the National Assembly conducted in the constituenc y;
(e) within e ach district, to be the district centre for the purposes of special voting; 12
(f) within each ward, to be the ward centre for the purpose of an election of councillors to the
local authority concerned .
(2) The Commission may designate the same place to be a constituency cen tre, a district centre, a
ward centre and additionally, or alternatively, a presidential constituency centre.
12 Note by Veritas: Paragraph (e ) is no lon ger necessary, because special voting was abolished by Act 6/2014.

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 37 –
(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 r esults of the presidential, National Assembly and local
authority elections are collated, compiled and transmitted in the following manner –
(a) with respect to local authority elections, polling -station returns gathered from every polling
station within a ward shall be transmitted to the appropriate ward centre in a return distinctly
indicating the results obtained in each polling station relating to those elections;
(b) with respect to-
(i) presidential elections, polling -station returns gathered from every polling station within a
ward shall be transmitted to the appropriate ward centre for collation at that centre, the
results of which collation shall be embodied in a return (“presidential election ward
return”) distinctly indicating the results obta ined in each polling station relating to that
election; and
(ii) National Assembly elections, polling -station returns gathered from every polling station
within a ward shall be transmitted to the appropriate ward centre for collation at that
centre, the results of which collation shall be embodied in a return (“National Assembly
election ward return”) distinctly indicating the results obtained in each polling station
relating to those elections:
Provided that duplicate copies of the polling -station ret urns gathered from every polling
station within a ward for the purposes of subparagraph (i) and (ii) shall also be transmitted
through the appropriate ward centre directly to the National Command Centre; and
(c) after collation of the results of –

(i) presidential election at each ward centre, presidential election ward returns gathered
from every ward centre within a constituency shall be transmitted to the appropriate
presidential constituency centre for collation at that centre, the results of which
collation shall be embodied in a return (“presidential constituency return”)
distinctly indicating the results obtained in each ward within that constituency
relating to that election:
(ii) National Assembly elections at each ward centr e, National Assembly election ward
returns gathered from every ward centre within a constituency shall be transmitted to
the app ropriate National Assembly cons tituen cy centre for collation at that centre, the
results of which collation shall be embodied in a return (“National Assembly
constituency return “) distinctly indicating the results obtained in each ward within
that constituen cy relating to those elec tions;
and
(d) after collation of the results of the president ial election at each presidential constituency
centre, presidential constituency returns ga thered from every presidential constituency
centre shall be transmitted to the provincial command centre for collation at that centre, the
results of which collation shall be embodied in a return (“provincial return for the
presidential election” ) distinctly indicating the results obtained in each constituency
relating to those elections:
Provided that duplicate copies of the presidential constituency returns gathered
from every presidential constituency centre shall also be transmitted directly from the
provincial command centre concerned to the National Command Centre;
and
(e) after collation of the results of the National Assembly elections at each National Assembly
constituency centr e, National Assembly constituen cy returns gathered from every National
Assembly constituency centre shall be transmitted to the provincial command centre,
where –
(i) the resu lt of the National Assembly election in the province in question will be
embodied in a return (“provincial retur n for the National Assembly elections”)

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 38 –
distinctly indicating the results obtained in each constituency relating to those
elections; and
(ii) the results of the election for the party -list candidates for the province in question
will be determined in acco rdance with sect ion 45J on the basis of the provincial
return for the National Assembly elections, and be embodied in return
(“provincial return for elections of party -list candidates”) distinctly indicating
the results obtained for the Se nate, National Assembly and provincial council
party -list seats;
and
(f) after the collation of the results of the presidential election at each provincial command
centre, provincial returns for the presidential election gathered from every provincial
command centre shall be transmitted to the National Command Centre, where –
(i) the provincial returns shall be collated to obtain the initial results of the presidential
election ; and
(ii) the final result of the presidential election shall, after reconc iling the provincial
returns with the polling station returns and presidential constituency returns referred
to in the provisos to paragraphs (b) and (d) respectively, be reflected in a return that
distinctly reflects number of votes cast for each presiden tial candidate at every
polling station, ward centre, presidential constituency centre and provincial
command centre;
and
(g) after the compilation of the provincial return for the National Assembly elections and the
provincial return for elections of party -list candidates at each provincial command centre,
the provincial returns for the National Assembly elections and elections of party -list
candidat es shall be gathered from eve ry provincial command centre and transmitted to the
National Command Centre.
PART IX
PROCLAMATION OF GENERAL ELECTIONS AND NOTIFICATION OF BY-ELECTIONS
38 General, presidential and local authority elections
(1) In a proclamation in terms of section 144(2) of the Constitution fixing dates for the holding of an
election to the offi ce of President, a general election and elections for councillors, the President, after
consultation with the Commission, shall —
(a) for the purposes of the election of a person to the office of President, fix —
(i) a place or places at which, and a day or days, at least fourteen and not more than twenty –
one days after the day of publication of the proclamation, on which a nomination court
shall sit for the purpose of receiving nominations of candidates for election to the office
of President; and
(ii) a day or days, at least thirty and not more that 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 1 09(2); and
(iii) a day or days, not less than twenty -eight and not more than forty -two days after the
polling day or last polling day, as the case may be, fixed in terms of subparagraph (ii), on
which a runoff Presidential election shall be taken if such an ele ction becomes necessary
in terms of section 110(3)(f)(iii);
(b) for the purposes of an election of members of the National Assembly , fix —
(i) a place or places at which, and a day or days, at least fourteen and not more than twenty –
one days after the day of publication of the proclamation, on which a nomination court
shall sit in terms of section to receive nominations of constituency and party -list
candidates for election as members of the National Assembly ; and

ELECTORAL ACT [Chapter 2:13 ] [as amended at 25th October 201 6] – 39 –
(ii) a day or days, at least thirty and n ot more than sixty -three days after the last nomination
day fixed in terms of subparagraph (i), on which a poll shall be taken if a poll becomes
necessary in terms of section 46(17)(c) for the election of members of the National
Assembly ;
(c) for the purp oses of elections for councillors, fix —
(i) a place or places within the ward at which, and a day or days, at least fourteen and not
more than twenty -one days after the day of publication of the proclamation, on which a
nomination court will sit in terms of section 13 to receive nominations of candidates for
election as councillor; and
(ii) a day or days, at least thirty and not more than sixty -three days after the nomination day
or last nomination day, as the cas

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