Electoral Amendment Act 2014 [Act 6-2014]

To amend the Electoral Act [Chapter 2:13].

       ENACTED by the President and the Parliament of Zimbabwe.

  1. Short title

This Act may be cited as the Electoral Amendment Act, 2014.

2       New preamble substituted for preamble of Cap. 2:13

The preamble to the Electoral Act [Chapter 2:13] (hereinafter called “the principal Act”) is repealed and the following preamble is substituted—

Whereas sections 157(1), 238 and 239 of the Constitution provide as follows—

“157.(1)  An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following matters—

  1. the periodic delimitation of constituencies and wards in accordance with section 161;
  2. the registration of voters, and requirements for registration on particular voters’ rolls;
  3. a code of conduct for political parties, candidates and other persons participating in elections or referendums;
  4. a system of proportional representation for the election of persons to the seats in the Senate referred to in section 120(1)(a) and the seats reserved for women in the National Assembly referred to in section 124(1)(b), and the procedure for filling vacancies in those seats, which vacancies must be filled by persons—
  1. belonging to the same political parties as those who previously held the seats;  and
  2. of the same gender as the persons who previously held the seats;
  1. the election of representatives of persons with disabilities under section 120(1)(d);
  2. the conduct of elections to provincial and metropolitan councils and local authorities;
  3. challenges to election results.

238. (1)  There is a commission to be known as Zimbabwe Electoral Commission consisting of—

  1. a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders;  and
  2. eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

(2)        The chairperson of the Zimbabwe Electoral Commission must be a judge or former judge or a person qualified for appointment as a judge.

(3)        If the appointment of a chairperson to the Zimbabwe Electoral Commission is not consistent with a recommendation of the Judicial Service Commission, the President must cause the Committee on Standing Rules and Orders to be informed as soon as practicable.

(4)        Members of the Zimbabwe Electoral Commission must be Zimbabwean citizens and chosen for their integrity and experience and for their competence in the conduct of affairs in the public or private sector.

(5)        Members of the Zimbabwe Electoral Commission are appointed for a six-year term and may be re-appointed for one such further term, but no person may be appointed to or serve on the Commission after he or she has been a member for one or more periods, whether continuous or not, that amount to twelve years.

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