11 complained of in an election petition’’ Complaints to ZEC Section 190 Repeals the current procedure for claims to the Commission and makes fuller provisions in connection with the making of complaints to ZEC. These complaints must be made on affidavit within 48 hours of the conduct complained of. Upon receiving a complaint, ZEC can issue directions to the constituency registrar or the RGV to take appropriate remedial action where it is justified to do so. Section required No provisions on how ZEC will deal with issues of fair and equal access to media of political parties  Include provisions creating a monitoring mechanism, and penalties for media houses that fail to comply with these provisions  Must also include provisions to prevent hate speech Fourth Schedule Replaces the Fourth Schedule to the principal Act. It gives effect to interparty consultations that resulted in a new electoral code of conduct for political parties, candidates and other interested stakeholders. Conduct during polling period, announcement of election results, respect for women, compliance with the Code by political parties, participation in multi-party liaison committees, and enforcement of the Electoral Act and other relevant legislation 6th Schedule Terms and conditions of Commissioners are set by the President  The Code of Conduct is more comprehensive and if implemented will create a culture of mutual respect and tolerance amongst political parties. It provides for how women who are participating in elections must be treated. It contains a sanctions mechanism through the resolution of disputes within multiparty liaison committees, the sanctions in the Electoral Act including fines, imprisonment, fines as well as disqualification from voting or filling a public office.  The Code of Conduct also outlines the duty of political parties, the Zimbabwe Electoral Commission and other stakeholders to collaborate with law enforcement and judicial authorities, including the Zimbabwe Republic Police, the National Prosecuting Authority and the Courts, in preventing and sanctioning offenses in the electoral process and these are great strides in ensuring respect for the rule of law during elections.  No checks on powers of the President of fixing terms and conditions unilaterally. An Independent Commission must be set up that determines conditions of service and provides guidance on remuneration to President which guidance must be taken so that ZEC is independent (section 235 of Constitution)  Although report on findings of a tribunal set up to remove a Commissioner must be placed before Parliament, Parliament does not have any input in the final decision. Section 239(k) receive and consider complaints from the public Access to media Section 155(2)(d) ensure that all political parties in election or referendum have fair and equal access to electronic and print media both public and private Code of Conduct Section 155(1)(d) Elections must be free from violence and other electoral malpractices Independence of ZEC Section 235, independence of commissions petitions filed to challenge presidential results as this is not dealt with in terms of section 93 of the Constitution.  The continued reference to the RGV is concerning and unwarranted as his role in the electoral process ended with the promulgation of the 2013 Constitution.  Importantly, the section does not provide a time frame within which ZEC has to respond to a complaint, or even that it has to respond at all, as it appears that it only has to act in ‘justified circumstances’. This should be corrected.

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