ELECTORAL ACT ____________________________________________________________________________________ (c) disclose the manner and sources of funding of its proposed voter education activities; and (d) satisfy the Commission that it is not otherwise disqualified in terms of subsection (1) from providing voter education. (3) Any person who— (a) contravenes subsection (1); or (b) provides voter education after failing to comply with a requirement by the Commission in terms of subsection (2); or (c) with intent to circumvent the restrictions on the provision of voter education specified in subsection (1), provides voter education under the guise of providing it as part of a course in law or civics or any other subject for students at an educational institution; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (4) Where a person is convicted in terms of subsection (3), the person shall not provide voter education in terms of this Act for a period of five years from the date of the conviction. (5) Any person who contravenes subsection (4) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 40D Provision of voter education by Commission (1) Not later than one week after the publication of a proclamation or notice in terms of section 38 or 39 fixing the dates of an election, the Commission shall begin a programme of voter education directed at the electorate in the election. (2) The Government shall give the Commission whatever assistance it may require in providing programmes referred to in subsection (1). (3) Subsection (1) shall not be construed— (a) as absolving the Commission from its obligation to provide general programmes of voter education at other times; and (b) subject to section 40C (specifying what persons other than the Commission or political parties may provide voter education), as preventing anyone other than the Commission from providing programmes of voter education. 40E Commission to monitor voter education by other persons (1) The Commission shall monitor programmes of voter education provided by other persons in Zimbabwe. (2) If the Commission considers that any programme of voter education is— (a) false, in that the information provided by it is materially false or incorrect; or (b) misleading, in that while the programme purports to be impartial it is materially and unfairly biased in favour of or against a political party or candidate contesting the election; and that the programme is likely to prevent a substantial number of voters from making an informed political choice in an election, the Commission may by written notice direct every person responsible for providing and publishing the programme to cease providing or publishing it or to make such alterations to it as the Commission may specify to render it accurate and fair. (3) Before giving a direction under subsection (2), the Commission shall afford every person responsible for providing and publishing the programme concerned an adequate opportunity to make representations in the matter. (4) A person to whom a direction has been given under subsection (2) shall immediately take all necessary steps to comply with the direction. 54

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