ELECTORAL ACT (as amended at 24th January 2008)
(6) The procedure for an election in terms of subsection (5) shall be as prescribed.
111
Election petitions in respect of election to office of President
(1) An election petition complaining of an undue return or an undue election of a person
to the office of President by reason of irregularity or any other cause whatsoever, may be
presented to the Electoral Court within thirty days of the declaration of the result of the
election in respect of which the petition is presented, by any person—
(a) claiming to have had a right to be elected at that election; or
(b) alleging himself or herself to have been a candidate at such election.
(2) If, on the trial of an election petition presented in terms of subsection (1), the
Electoral Court makes an order declaring—
(a) that the President was duly elected, such election shall be and remain valid as if no
election petition had been presented against his or her election; or
(b) that the President was not duly elected, the registrar of the Electoral Court shall
forthwith give notice of that fact to the Chief Elections Officer who shall publish a
notice in the Gazette stating the effect of the order of the Electoral Court.
(3) A declaration by the Electoral Court in terms of paragraph (b) of subsection (2) shall
not invalidate anything done by the President before that declaration.
(4) Part XXIII, other than sections one hundred and sixty-six, one hundred and sixtyseven, subsections (3), (4), (5), (6), (7) and (8) of section one hundred and seventy-one,
sections one hundred and seventy-three, one hundred and seventy-six, one hundred and
seventy-eight, subsection (2) of section one hundred and seventy-nine and one hundred and
eighty shall apply, with any changes that may be necessary, to an election petition presented
in terms of subsection (1).
112
Application of Parts XIII, XIV and XV
Subject to this Part, the provisions of Parts XIII (other than sections sixty-six, sixty-seven
and sixty-eight, for which the provisions of the Second Schedule are substituted), XIV and
XV, shall apply, with any changes that may be necessary, to an election to the office of
President.
112A Election of President in the event of casual vacancy
(1) If the office of President becomes vacant by reason of his or her death or his or her
resignation or removal from office in terms of the Constitution, the members of the Senate
and the House of Assembly shall meet as an electoral college on a day (no later than ninety
days from the date when the office of President becomes vacant) and at a time fixed by the
Clerk of Parliament in order to elect a person to the office of President of Zimbabwe.
(2) The procedure for the election of a person to the office of President of Zimbabwe in
terms of subsection (1) is prescribed in the Fifth Schedule.
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