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
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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