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candidates in the National Assembly and for the President.
This will allow those who will be conducting elections, those who are not
able to go to their polling stations because of physical condition to vote. The
votes will then be sent to the respective polling stations on election day for
counting.
Section
required
To reinstate the special vote which can be for people with a
physical infirmity, disability or pregnancy, absence from voting
district while serving as an election officer, on duty as a member
of the security services.
Electoral malpractices
Section 133A
This expands the scope of punishable “intimidation” by
‘threatening statements by alleged intimidators that they can
discover how a voter cast his or her ballot.’ If convicted of this
offence, a perpetrator is liable to a fine level ten ($700) or to
imprisonment for a period not exceeding five years or to both
such fine and such imprisonment.
This is a progressive addition given the widespread reports of intimation of
potential voters in the previous elections and the BVR exercise where political
party actors were recording serial numbers of voter registration certificates on
the pretext that they will be able to determine how a voter has cast their vote.
The criminalisation of this practice should act as a deterrent for future offenders.
Access to media
Section 160J
Amends section 160J “Conduct of news media during election
period” by activating the provisions which mandate news media
to ensure equitable coverage in an election period to any
specified date on or after the beginning of the period of six
months before the end of the five-year term of Parliament as
specified in section 143 of the Constitution.
The extension of the ‘election period’ is crucial to curb partisan news coverage
as it will assist in equitable coverage of all the players and not give the one
candidate an advantage over another.
Conflict Management
Section 160A
Empowers ZEC to activate the Act’s provisions on the setting up
of the National Multiparty Liaison Committee and the media
monitoring of elections before rather than after the proclamation
of an election, provided that the period shall commence as soon
as possible after the closure of nominations in an election (or, in
the case of a national multiparty liaison committee, from such
date as the Commission may designate, after consultation with
the Minister, being any date on or after the beginning of the
period of six months before the end of the five-year term of
Parliament as specified in section 143 of the Constitution.
This provision is crucial for conflict management and will assist in creating a
more peaceful environment through the early activation of the National Multiparty
Liaison Committee. It would be more desirable to have the Multi-Party Liaison
Committee set up much earlier
Election dispute
resolution
Section 121
Provides that the Electoral Court is a division of the High Court
Section 163
Provides that assessors of the Electoral Court and the panel of
names from which they are drawn must be equally representative
of women and men.
This is in line with the Judicial Laws, Ease of Settling Commercial and Other
Disputes Act. However, the temporal (time frame) and subject matter jurisdiction
of the court needs to be clarified. It has to be clear what cases the Electoral
Court will deal with and whether these cases can be heard throughout the
electoral cycle.
This is commendable and in line with the gender mainstreaming provisions now
contained in the Act.
Section 155(2)(e) ensure
timely resolution of election
disputes