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A person permitted (by the Commission) to assist the Commission under section 40B(3) and
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Political parties
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Other persons satisfying conditions outlined under paragraphs (d) to (j)
•
This essentially means that there is room for a broad network of voter education providers
although whether this can become a reality depends on the Commission which has wide powers
to control the provision of voter education. The two key avenues for persons other than the
Commission and political parties are:
i.
Section 40B (3) which provides that the Commission “may permit any other person to
assist it in providing voter education”. The use of the word “may” as opposed to the
more peremptory “shall” means the inclusion of other players in the provision of voter
education is left to the discretion of the Commission. Section 40B (3) is really a permissive
power to enable the Commission to appoint other persons to help it in its provision of voter
education. It is recognition that the Commission may not on its own have the capacity to
provide voter education across the country and therefore, this provision empowers it to
appoint other persons to assist it in exercising that function. This facility is therefore
available only to those other players whom the Commission chooses and in any event, they
have to work in accordance with the Commission’s mandate. This on its own would be
unduly restrictive, which is why the other facility is significant.
ii.
Section 40C (1) (d) opens the way for other persons to provide voter education. These
persons must however, fulfil certain conditions, which essentially are that they must be
Zimbabwean citizens or permanent residents domiciled in Zimbabwe. In keeping with the
‘Zimbabweanness’ requirement, if it is an association it must comprise “wholly or mainly
of citizens or permanent residents of Zimbabwe domiciled in Zimbabwe”. Also in the
case of trusts, the majority of whose trustees must be citizens or permanent residents of
Zimbabwe domiciled in Zimbabwe. There are further requirements for an association or a
trust in which case they must be registered as a private voluntary organisation in terms of
17
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