6
Section 155(2)(c)
Reasonable access to all
materials and information to
participate effectively
Voter Education
Act does not provide for access to maps following delimitation
Section 40B
Now requires that voter education be conducted in an accurate,
gender sensitive manner and unbiased manner, with due regard
to the updated electoral Code of Conduct for political parties and
candidates prescribed in the Fourth Schedule.
The mainstreaming of gender by the Commission in its work is commendable
and will go a long way in fostering the participation of women. However, it is
crucial for the Commission to factor in other special interest groups such as
the disabled in the provision of voter education material.
Section 40F
Repeals section 40F which required all foreign contributions for
the purpose of voter education to be channelled through ZEC.
This is progressive as it will open up the possibility of more civil society
organisations collaborating and complementing ZEC in conducting voter
education.
Section
40C(1)(h)
Voter education must be funded solely by local contributions or
donations, if foreign funding, then this must be channelled
through ZEC for onward allocation.
Section
40C(3)(c)
Criminalises the conducting of voter education as part of a
course in law or civics.
Section 40G
This extends the function of election observers to include
furnishing ZEC with a comprehensive review of the election
taking into account all relevant circumstances, including factors
that have a bearing on gender equality and elections.
This provision must be repealed as it is not justifiable in a democratic society
that is upholding the right to freedom of association, expression etc. It is more
absurd as ZEC is not obliged to set up a proper structure for management of
these funds.
Again this is not justifiable, given the inclusion of political rights in the
Constitution and whole chapter of elections, this section must be repealed.
Instead a new section that clearly defines what voter education is, taking into
account other constitutional provisions must be included.
There is no section that obliges ZEC to ensure that its voter education is
accessible to everyone in form and content, such as sign language, other
national languages and be simple.
Must ensure that voter education is a continuous process throughout the
electoral cycle.
This is also commendable, but should go beyond gender as discussed
above.
Section 40H
Addition of a representative from the Minister responsible for
women’s affairs, gender or community development to the
Observers Accreditation Committee.
Section 239(f) ZEC to
conduct and supervise voter
education
Election observation
Section 239(i) of accredit
observers of elections and
referendums
Maps for delimited boundaries must be available for inspection at ZEC offices.
Section
required
Ability to inspect maps showing the boundaries of constituencies after
publication of notice in government gazette, including district boundaries
advances section 155(2)(c), being reasonable access to all material and
information to participate effectively. This new provision must be inserted .
Section 239(i) of the Constitution empowers ZEC to accredit observers of
elections and referendums. This section does not outline a role for the
Executive as represented by the various ministries outlined in section 40H
of the Electoral Act and is unconstitutional in its current form. ZEC must
include a gender expert that is independent of the executive in its