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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.
Select target paragraph3
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