4
Sections 24 &
25
Section 26A
Voter
registration
Voters Roll
&
Section 239(c,d&e)
functions of ZEC include to
register voters, compile
voters roll and register,
ensure proper custody and
maintenance of voters roll
and register
Presently, sections 24(1) and 25(1) of the Electoral Act require a
claimant for registration presents themselves at the appropriate
voter registration office and complete a claim form and may
request the assistance of a voter registration officer. The
amendments make it clear that a potential voter may register at
any voter registration centre anywhere in the country other than
in their own constituency and then seek a transfer which is done
when the voter registration officer is satisfied that they are
entitled. Candidates can also seek transfer to stand for election
in other constituencies but must seek approval from ZEC.
Substitutes section 26A with a new section that requires claims
for voter registration and transfer of voter registration to be
lodged no later than the second day following the publication of
the election proclamation.
ZESN maintain that the political rights of all Zimbabweans provided in section
67(3) of the Constitution should be protected and that in its current form,
section 23 of the Electoral Act is unconstitutional. Provisions allowing those
living abroad to register to vote must be included and this can start with them
being allowed to vote for the Presidential candidate.
This section incorporates provisions of Statutory Instrument 85 of 2017
This section shortens the period for registration after proclamation to 2 days
instead of the 12 days, but if voter registration is conducted continuously, as it
should this should not be fatal to citizens’ political rights and as long as voter
registration is conducted transparently.
Section 32 &
35
Repeals section 32 and replaced it with wording providing for the
removal of duplicates (if one is registered more than once) and
empowers ZEC to de-duplicate the voters’’ roll by removing
duplicate or multiple names of a vote who appears more than
once. No notice is required to be given, to affected person. The
affected person may appeal to a designated magistrate of the
province.
Given the historical state of the voters’ roll in previous election cycles, it is
important for ZEC to be able to de-duplicate the roll so as to guard against
electoral fraud. However, the stipulation that no notice has to be given is
contrary to the tenets of administrative justice as a voter should have the
opportunity to make representations before his/her name is removed from the
roll, and not after. Though there is an option of appealing to a designated
magistrate of the province, depending on timing it may be too late to get the
name enlisted back on the voters roll.
Section 36A
Repeals provision which provided that under section 36A of the
Electoral Act, a person who has previously registered to vote is
excused from having to fill in a claim form, being only required to
produce proof of identity to the voter registration officer.
Refers to a Registrar-General of voters (new role of ZEC as
provided in 2013 amendment)
This is necessary for the creation and consolidation of a new voters roll for
Zimbabwe to prevent voters’ names being carried over from the old roll. The
BVR system will go a long way in addressing the problems associated with the
old voters roll including duplications, and dead voters.
For clarity, it will be better if the term Registrar-General of Voters is completely
removed from the Electoral Act and substituted by ZEC voter registration
officers. This reference to a former Registrar-General of Voters, and a
Registrar General of Voters causes confusion.
Sections
114(3),
115(3),
116(1),
116(2), 117(13),