Complaints, appeals and election petitions
The Electoral Act provides for a number of conflict management mechanisms,
including the Electoral Code of Conduct for Political Parties and Candidates, the
Multi-Party Liaison Committees and the Electoral Court.
The Fourth Schedule of the Electoral Act outlines the Electoral Code of Conduct for
Political Party and Candidates. The code binds the political parties, candidates and
their supporters regarding their conduct throughout the electoral process.
The Multi-Party Liaison Committees are established to resolve disputes, concerns,
matters or grievances relating to the electoral process, including disputes arising
from allegations concerning non-compliance with the Electoral Code.
The
committees are established by the ZEC and comprise an electoral commissioner and
two representatives of each political party contesting in elections. The decisions of
the committee are achieved by consensus.
Section 161 of the Electoral Act establishes the Electoral Court, which is a division
of the High Court. The court has exclusive jurisdiction to hear appeals, applications
and petitions in relation to the Electoral Act, and to review any decision of the
Zimbabwe Electoral Commission. All judgments, orders and directions of the
Electoral Court are enforceable in the same way as those of the High Court.
However, the court has no jurisdiction to try criminal cases. The court is presided
over by two judges of the High Court.
The Electoral Act also outlines electoral offences liable for prosecution. These
offences include illegal and corrupt practices, such as bribery; treating; undue
influence; impersonation; illegal voting; false statements; and intimidation. These
offences are punishable by a fine or imprisonment or both.
Election petitions may be presented for any election. Presidential election petitions
are to be presented to the Constitutional Court. Any aggrieved candidate may
present a presidential petition. A petition must be submitted within seven days of
the declaration of official results. The Constitutional Court has 14 days from the
filing of the petition to adjudicate. The court may declare a winner or invalidate
an election, calling for a fresh election within 60 days.
Parliamentary and local government petitions are presented to the Electoral Court.
Any candidate may present a petition of an undue return or an undue election by
reason of want of qualification, electoral malpractice, irregularity or any other
cause. Parliamentary petitions must be submitted within 14 days of the official
declaration of results and the petition should be determined within six months.
Decisions of the court on the question of law are subject to appeal to the Supreme
Court. All petitions are heard in open court.
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