Section 9 Section 10 necessary for the purposes of conveniently taking a poll of the voters of that constituency: Provided that the Commission(i) shall establish a sufficient number of polling stations in each ward of the constituency concerned; (ii) shall receive from political parties contesting the election concerned any representations on the issue of the location of polling stations in any constituency, and may give directions on this matter to any provincial elections officer, district elections officer or constituency elections officer on the basis of such representations."; The Section repeal section 52 of the Principal Act. The new provision places an obligation on the Commission to ensure that every constituency elections officer is provided with polling booths or voting compartments and ballot boxes, and shall provide papers, including ballot papers, instruments for marking ballot papers with the official mark, seals and other necessary things to conduct an election properly and in accordance with the Constitution This section amends Section 72 of the principal Act and clarifies on who may vote by post. The Act now clearly limits this to the following categories: (a) on duty as members of the disciplined office (b) On duty as an electoral officer (c) On Government duty outside Zimbabwe (d) Outside Zimbabwe as the spouse of a person on Government duty - the location of polling stations in any constituency. The Commission should give directions on the matter based upon such representations made. This is consistent with Section 155 and 156 of the Constitution that entrench principles of transparency, credibility, fairness and impartiality The new Section 52 contains stronger language placing a direct obligation on the Commission to ensure that all material related to the effective and efficient conduct of an election is available and adequate and that there are enough resources to ensure the election is held smoothly. This is consistent with Section 155 and Section 156 of the Constitution that outline the principles of an effective electoral system. This provision clarifies the class of persons who may vote by post. What is apparent is that only those on government duty inside or outside Zimbabwe and the spouses of those serving in government outside Zimbabwe may vote via postal votes. The main challenge with this provision is that several classes of voters are now excluded from voting if they are not able to be in their constituency during the voting period. These include children of those on government duty outside the country and Diasporans, who are not serving in government. It is not clear why other Zimbabweans who are not necessarily employed by the state but are outside the country should not be able to vote. The distinction seems to be discriminatory and in violation of Constitution. It is therefore suggested that this group of persons be considered for participation in elections in Zimbabwe. The persons negatively affected by this

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