Registrar of Political Parties, in terms of the Political Parties Act. The
Constitution of Mauritius governs the registration of political parties in
Mauritius. The Electoral Supervisory Commission has the responsibility to
register political parties 14 days before nomination day. In Mozambique,
registration takes place at two levels, i.e. registration with the Ministry of
Justice to function as a party and registration with the National Electoral
Commission to participate in an election. Political parties in Namibia are
required to register with the Electoral Commission, while in South Africa
political parties must be registered with the Independent Electoral
Commission50.
A common feature in the SADC countries which provide for the registration of
political is that the law generally lays down registration requirements,
conditions for registration or refusal of registration, suspension of registration,
deregistration, party dissolution and appeals51.
Zimbabwe has no law requiring the registration by political parties in order to
exist and operate legally. The law merely defines political parties. For
instance, section 2 of the Political Parties (Finance) Act defines ‘political party’
as an “association of persons the primary object of which is to secure the
election of one or more of its members to a local authority or Parliament”. The
Zimbabwe Electoral Commission Act [Chapter 2:12] of 2004 has a slightly
broader definition of political party. In defines ‘political party’, in section 2, as
"an association of persons the primary object of which is to secure the
election of one or more of its members to a local authority or parliament, or to
secure the office of president, or to campaign for a specified result at a
referendum". The Electoral Act [Chapter 2:13] of 2004 has a rather vague
definition of political party. It defines ‘political party’ in section 4(1) as "any
political organisation".
Masunungure suggests that “t]he only time registration is obligatory is during
elections when a party wants to contest by fielding a candidate/s. That is, a
candidate is required by law to be proposed and endorsed by a certain
number of registered voters in his/her constituency and has to pay a
candidacy deposit, which is returned if he/she gets a certain stipulated
threshold of valid votes cast”52. The requirement by the Electoral Act for
candidates in an upcoming election to file nomination papers does not
constitute registration. It is intended merely to facilitate the smooth running of
an election and to discourage pretenders who would otherwise pose serious
administrative and logistical problems for those tasked with running elections.
50
See “Registration of Political Parties”, http://www.eisa.org.za/WEP/comparties2.htm,
24/09/09.
51
Ibid.
52
Masunungure, op cit, pp.2-3 and 11.
20
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