Proposed amendments to Electoral Act approved

on the raft of adjustments.
The draft Bill was presented to Cabinet but MDC-T reneged on the agreement and the matter had to be referred to the principals.
The principals, however, approved the changes.
The amendments will now be gazetted before they go to Parliament for debate.
Some of the amendments include the extension of period between nomination and polling day, limit to the postal ballot system, declaration of presidential poll results, nomination of candidates, audit of presidential results and politically motivated violence among others.
In an interview yesterday, Justice and Legal Affairs Minister Patrick Chinamasa said the differences emerging during discussions between negotiators were solved by principals to the GPA.
“I made the proposals to the amendments in May 2009 that were submitted to Cabinet. The matter was later referred to negotiators who agreed to the proposed amendments,” he said.
Minister Chinamasa said the draft Bill was presented to Cabinet but MDC-T reneged on the agreement and the matter was referred to the principals.
“The principals approved the amendments that were presented to Cabinet on May 24,” he said.
According to the proposals, the Zimbabwe Electoral Commission had suggested that the period within which an election is held after nomination day was too short.
The parties agreed to extend the period between nomination and polling day to a period of not less than 42 days and not more than 63 days.
The amendments proposed that the postal ballot system is limited to officers outside the country on State duty.
Polling and security officers involved in the running of the election will be permitted to vote within a week before polling day.
Their ballots will be sent to the relevant polling stations. ZEC will send the ballots together with schedules of the people who would have voted in advance.
Under the proposals, no political party will declare or announce election results.
Presidential elections will be declared and announced within five days.
In 2008, Zimbabwe used a ward-based voter registration and voters roll system but the amendments propose to establish a polling station specific voter registration and voters’ roll.
Nominations of candidates supported by parties and benefiting from the Political Parties (Finance) Act will be through a nomination form endorsed by the party sponsoring the candidate.
Each political party will appoint and submit to ZEC not more than three people authorised to nominate candidates.
Independent candidates and candidates from parties not registered under the Political Parties (Finance) Act will remain obliged to have their nomination supported by five people whose names appear on the voters’ roll in the relevant constituency.
Illiterate, physically incapacitated and visually impaired voters will not be assisted by the presiding officer but any person of their choice.
The amendments will also see the repealing of the Zimbabwe Electoral Commission Act and its provisions will be incorporated and consolidated into the Electoral Act.
There will also be an amendment to the Electoral Act to require ZEC to give political parties and candidates the total number of printed and distributed ballots to each polling station.
There is also an amendment to provide for an audit of presidential results.
The verification will be done at the polling station, district, province and national levels.
A special body will be set up to receive complaints or allegation of politically motivated violence and refer them to police for investigation and possible prosecution.
ZEC will be empowered to summon candidates, election agents and political parties accused of violence.
The commission will also be empowered to warn the perpetrators of violence.
Special courts at magistrates’ level will be set up to try cases of politically motivated violence during election periods.
The Attorney General will be required to set up a unit in his office to prosecute cases of politically motivated violence.
The Bill will also provide for the law that convicted persons, parties or agents be banned from further participation in the election.
The proposed law will give the electoral court review powers over administrative decisions, hear appeals and petitions, review ZEC decisions and handout judgments, orders and directions on election matters.

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