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NATIONAL ASSEMBLY VOTES 22 MARCH 2018 NO 51

No. 51                                    ADVANCE COPY- UNCORRECTED       

 

PARLIAMENT

 

OF

 

ZIMBABWE

________________

 

 

VOTES AND PROCEEDINGS OF

THE NATIONAL ASSEMBLY

_________________                              

 

FIFTH SESSION – EIGHTH PARLIAMENT

 

_________________

 

THURSDAY , 22ST MARCH, 2018

_________________

 

Quarter past two o’clock p.m.

The Acting Speaker in the Chair.

 

Prayers.

 

Members Present

Chabaya B.

Chakona P

Chamisa N

Chapfika D

Chasi F

Chibagu G

Chibaya A

Chigudu M

Chikuni E

Chikwinya N

Chimanikire G

Chimwamurombe A

Chinanzvavana C

Chinotimba J

Chirisa F

Chitembwe V J

Chitindi C

Chitura L

Chiwetu J Z

Cross E G

Damasane S A.E;

Dhewa  W

Dutiro P.

Dube S

Dziva T M

Gabbuza J.G.

Gandawa G

Gezi T

Goche N

Gonese I.T

Gumbo E.

Gwanongodza E

Guzha N.K.

Haritatos P

Holder J

Hungwa  G

Kadungure D A

Kanengoni T R

Kanhanga E W

Karoro D

Katsiru L.

Kaundikiza M

Khanye N

Khupe T

Kuruneri C

Kwaramba G

Mabuwa C

Machingauta C

Mackenzie I

Madondo T

Madubeko J

Madzinga P

Mahiya M

Majaya B

Majome F J

Makari Z.

Makonya J

Makunde T

Makweya M

Mangwende S

Maondera W

Mapiki J

Marumahoko R

Masamvu L

Mashakada T

Mashonganyika D

Masuku P

Matambanadzo M

Matangira T R

Mataruse P

Matienga M

Matimba K M

Matsikenyere N

Matsunga S.

Mawere M D V

Mawere M RN S

Maziwisa P.

Mbwembwe E

Mguni O

Mguni N.

Mhlanga N J

Mhona F T

Misihairambwi P M

Mkandla M

Mliswa P.T.

Moyo L

Mpofu B

Mpofu M M

Mtingwende T

Muchenje M S

Mudambo T

Mudarikwa S

Mudau M

Muderedzwa R

Mudyiwa M.

Mufunga A

Muguti R.

Muponora N

Mukwena R

Munengami F

Munochinzwa M.

Murai E

Musanhi K S

Musundire A L

Musvaire W

Mutseyami P C

Muzenda T M

Muzondiwa E S

Ncube G M

Ncube H

Ndebele A

Ndlovu D M;

Ndlovu M S

Ndlovu N

Ndoro L F

Nhambu B.

Nhema C F.D.;

Nkatazo M M

Nleya L

Nyamupinga B B

Nyanhongo M

Nyere C

Omar J.

Passade J

Pemhenayi B

Phiri F P

Porusingazi E

Rudzirwayi J M

Rungani A

Samkange J T

Sansole T W

Saruwaka T J.L.;

Savanhu T

Seremwe B.

Shamu W K

Shava J.

Shongedza E

Sibanda D

Sibanda D P

Sibanda K.

Sibanda M

Sindi C

Sipani – Hungwe O.

Tarusenga U  D

Thembani S Z

Toffa J

Tshuma D

Tshuma J.

Tsomondo C

Uta K.

Vutete M

Zemura L

Zhou P

Zhou T

Ziyambi Z

 

In attendance in terms of section 138(2) and (3) and section 104(3) of the Constitution

 

Hon. Chitando W.

Hon. Moyo July

Hon. Parirenyatwa D.

 

 

Printed by Order of the House

Absent with leave

 

Hon. Mpofu O.M.

 

1.      The Acting Speaker informed the House that Hon Members` Invitation cards to this year`s official Opening of the Zimbabwe International Trade Fair (ZITF) on 27 th  April, 2018, at the ZITF Grounds, had been placed in their pigeon holes and that Parliament was not funding their attendance.

 

2.      The Minister of Justice, Legal and Parliamentary Affairs moved: That Notice of Motion No.1 and Orders of the Day Nos. 2 to 4, for today, stand over until Order of the Day No.5, has been disposed of.

              

 

            Motion put and agreed to.

 

3.         Adjourned debate on motion on the Second Reading of the Civil Aviation Amendment    Bill (H.B. 4, 2017) (Adjourned 22nd March, 2018 – Hon Rungani).

 

 

[Day elapsed: 1]

 

Question   again proposed: That the Civil Aviation Amendment Bill (H.B. 4, 2017). be now read a second time- The Minister of Transport and Infrastructural Development.

 

 

             On the motion of Hon. Rungani, seconded by Hon. Chitindi: Debate adjourned until

              Tuesday 10th April, 2018.

 

   4.      The   Minister of Health and Child Care made a Ministerial Statement relating to    

             collective job action by employees in the health sector.

.          

5.  . The Minister of Justice, Legal and Parliamentary Affairs, moved: That Order of the Day No.

        6, for today, stands over until Order of the Day No. 7 has been disposed of.

 

Motion put and agreed to.

 

   6.    Second Reading: Shop Licences Amendment Bill (H.B. 10, 2016) – The Minister of  

            Local Government, Public Works and National Housing.

 

.            On the motion of the Minister of Justice, Legal and Parliamentary Affairs: Debate adjourned

            until Tuesday, 10th April, 2018.

 

    7.     The Minister of Justice, Legal and Parliamentary Affairs, moved: That the House reverts    

           to Order of the Day No. 2.

 

Motion put and agreed to.

 

8.          Adjourned debate on motion on the Second Reading of the Electoral Amendment Bill    (H.B. 6, 2017) – (Adjourned 8th March, 2018The Minister of Justice, Legal and   Parliamentary Affairs).

[Days elapsed: 45]

           

            Question again proposed: That the Electoral Amendment Bill (H.B. 6, 2017) be now read a second time - The Minister of Justice, Legal and    Parliamentary Affairs.

 

          Bill read a second time. Committee –Tuesday, 10th April, 2018.       

 

9.         On the motion of the Minister of Justice, Legal and Parliamentary Affairs: The House      adjourned at two minutes past four o`clock until Tuesday, 10th April, 2018 at a quarter past two o`clock p.m. in the afternoon.

 

                                                                          R. MARUMAHOKO,

Acting Speaker.

 

______________________________________________________________________________

TUESDAY, 10TH APRIL, 2018

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         The Minister of Finance and Economic Development -

 

THAT WHEREAS in terms of Section 2 of the Commissions of Inquiry Act [Chapter 10:07], on 24th July 2015, the President through Proclamation No. 8 of 2015 (Statutory Instrument No. 80 of 2015), established a Commission of Inquiry in the Conversion Process used in the Conversion of pensions and Insurance Benefits from Zimbabwean 

Dollars to United States Dollars to provide the Insurance and Pensions Industry a transparent process for addressing the afore – said conversion;

 

WHEREAS further to the said Proclamation, the Commission chaired by justice (Rtd) L.G. Smith produced a Report of the Commission of Inquiry into the Conversion of Insurance and Pension Values from the Zimbabwe Dollar to the United State Dollar dated March 2017;

 

WHEREAS the Commission of Inquiry was, in the opinion of the President, for the public welfare;

 

NOW, THEREFORE, the House is requested to take note of the Report of the Commission of Inquiry into the conversion of Insurance and Pension Values from the Zimbabwe Dollar to the United States Dollar dated March 2017; as tabled by the Ministry of Finance and Economic Development.   

 

2.        Adjourned debate on motion on the Second Reading of the Insolvency Bill – (H.B. 11, 2016) – (Adjourned 6th March, 2018 – The Minister of Justice, Legal and Parliamentary Affairs).

 

 [Days elapsed: 34]

 

Question proposed: That the Insolvency Bill (H.B. 11, 2016) be now read a second time –    The Minister of Justice, Legal and Parliamentary Affairs.

 

     3.         Committee:  Mines and Minerals Amendment Bill (H.B. 19, 2015) – The Minister of Mines and Mining Development.

 

 

4.          Second Reading: Public Health Bill (H.B. 7, 2017) – The Minister of Health and Child     Care.

 

5.          Adjourned debate on motion on the Second Reading of the Shop Licences Amendment     Bill (H.B. 10, 2016) (Adjourned 22nd March 2018)– The Minister of Justice Legal and Parliamentary Affairs

 

            Question proposed: That the Shop Licenses Amendment Bill (H.B. 10, 2016) be now read a second time – The Minister of Local Government Public Works and National Housing.

 

             

6.         Committee: To resume on consideration of an Adverse Report by the Parliamentary Legal

            Committee on Statutory Instrument No. 79 of 2017 Agricultural Marketing Authority

            (Command      Agriculture Scheme for Domestic Crop, Livestock and Fisheries

            production)     Regulations, 2017. (Progress reported 20th March, 2018) – Hon.    Samukange.

 

7.           Adjourned debate on motion on the Second Reading of the Civil Aviation Amendment Bill          (H.B. 4, 2017) (Adjourned 22nd March, 2018 – Hon Rungani).

 

 

[Days elapsed: 2]

 

Question   proposed: That the Civil Aviation Amendment Bill (H.B. 4, 2017). be now read a second time- The Minister of Transport and Infrastructural Development.

 

           

8.           Committee: Electoral Amendment Bill (H.B. 6, 2017)      The Minister of

           Justice, Legal and Parliamentary Affairs.

 

(See Notice of Amendments)

            

9.         Hon. Dhewa

            Hon. Maridadi

 

            That this House takes note of the First Report of the Portfolio Committee on Media, Information and Broadcasting Services on the Operations of Local Commercial Radio Stations in Zimbabwe.

 

10.       Hon. Nyamupinga

Hon. Mangwende

 

That this House takes note of the Second Report of the Portfolio Committee on Women’s Affairs, Gender and Community Development on the Living Conditions of Female Prisoners at Chikurubi Female Prison (S. C. 17, 2017).

 

11.       Hon. Dehwa

            Hon. Mlilo

 

            That this House takes note of the First Report of the Portfolio Committee on Information Technology, Communication, Postal and Courier Services on the State of the Postal and Telecommunications Sector and the Regulatory Environment.

 

12.       Adjourned debate on motion on the Report of the Portfolio Committee on Transport and Infrastructural Development, on the Enquiry into the Remittances to the Traffic Safety Council from Third Party Insurance payments. -(Adjourned 6th February, 2018 - Hon. Rungani).

                                                                                                                

                                                                                                                       [Days elapsed: 9)

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Transport and Infrastructural Development, on the Enquiry into the remittances to the Traffic Safety Council from Third Party Insurance payments. (S.C. 5, 2017).  Hon. Nduna.

 

13.       Adjourned debate on motion on the Report of the Portfolio Committee on Justice, Legal 

          and Parliamentary Affairs on the Petition by the Election Resource Centre. – (Adjourned   

         20th March, 2018 Hon Matuke).

                 [Days elapsed: 3]

 

Question proposed: That this House takes note of the Report of the Portfolio Committee on Justice, Legal and Parliamentary Affairs on the Petition by the Election Resource Centre.  (S.C. 22, 2017).-Hon Chasi

 

 

14.      Committee of Supply

 

 

WEDNESDAY, 17TH APRIL, 2018

 

            QUESTIONS FOR ORAL ANSWERS.

 

t    QUESTIONS WITHOUT NOTICE.

 

*           QUESTIONS WITH NOTICE.

 

 

*1.       Hon Phiri F.:  To ask the Vice President and Minister responsible for Defence, Security and War Veterans Affairs to inform the House

 

            a)         What the Ministry is doing to assist War Veterans businesses that are facing           financial challenges.

 

            b)         How much the Ministry has given to the Tinzweiwo Bus Company (Kadoma).

 

            c)         Which projects are being supported by the Ministry in Kadoma.

 

                                                                                                [Deferred from 6th December, 2017]

 

*2.       Hon. Nduna:  To ask the Vice President and Minister responsible for Defence, Security   and War Veterans

 

a)      Progress made in demining land mines in the Eastern Highlands and other affected areas throughout the country;

 

b)      The size of land which still require demining and;

 

c)      The amount of resources required, human and financial and the contribution of the Zimbabwe government and development partners involved.

 

[Deferred from 7th February, 2018] 

 

*3.       Hon. Gonese: To ask the Minister of Finance and Economic Planning to disclose to

            The House the findings of the Commission of Enquiry headed by the Retired Judge

            Smith regarding the erosion of the Insurance Policies and Pension Plans due to the

            dollarization and demonetization of the Zimbabwean currency.

 

                                                                                                [Deferred from 6th December, 2017]

 

*4.       Hon Majome:  To ask the Minister of Finance and Economic Development to explain       why the Office of the Auditor General continue to subcontract audit work to small private     firms when it has qualified chartered accountants and is financially constrained.

[Deferred from 14th February, 2018]

*5.       Hon. Majome:  To ask the Minister of Finance and Economic Development to inform      the House when the Audit Office Board will be constituted more than seven years after       Audit Office Act was enacted and to state when the Ministry would review the conditions            of service for the Audit Office in the absence of such a Board.

[Deferred from 14th February, 2018]

*6.       Hon Majome:  To ask the Minister of Finance and Economic Development to explain       why the Office of the Auditor General is not independent in terms of its operational   budget in line with best regional and international practices.

                                                                                    [Deferred from 14th February, 2018]

*7.       Hon Mangami:  To ask the Minister of Finance and Economic Development to state when the Justice George Smith Commission Report on Insurance and Pension funds will be published and to advise on its findings on insurance and pensions pay out.

[Deferred from 14th February, 2018]

 

*8.       Hon. Nduna: To ask the Minister of Industry, Commerce and Enterprise Development to inform the House on the impact of S.I. 64 of 2016 in terms of promoting local production and enhancing capacity utilisation.

 

                                                                                                [Deferred from 6th December, 2017]

 

*9.       Hon. Nduna: To ask the Minister of Industry, Commerce and Enterprise Development what progress has been made towards the disposal of IDC’s loss making units and reversal to its core function of venture capitalist.

 

                                                                                                [Deferred from 6th December, 2017]

*10.     Hon: Chikomba L. To ask the Minister of Industry, Commerce and Enterprise Development to explain to the House, Government’s position regarding prosecution of companies such as Ok Mart in Bulawayo which have two different pricing system, e.g. the shelf price and the till price.

                                                                                                [Deferred from 6th December, 2017]

 

*11.     Hon. Mhona:  To ask the Minister of Lands, Agriculture and Rural Resettlement to state             the Ministry’s plans to provide infrastructure and equipment to the following irrigation            schemes in Chikomba Central Constituency in line with what is envisaged in the    ZIMASSET;

a)      Chikwezvero Irrigation in Ward 23;

b)      Nyahoni Irrigation in Ward 20; and

c)      Sachipiri Irrigation in Ward 18.

[Deferred from 14th February, 2018]

 

*12.     Hon. Majome: To ask the Minister of Home Affairs to provide statistics on prosecution   of crimes related to traffic accidents in Harare West Constituency from 2013 to date.

[Deferred from 14th February, 2018]

 

*13.     Hon. Uta:  To ask the Minister of Heath and Child Care to explain to the House   Government’s             positon regarding formulation and implementation of user friendly disability policies in the health sector.

[Deferred from 22nd March, 2018]

 

*14.     Hon. Uta:  To ask the Minister of Heath and Child Care to provide statistics of HIV        positive Persons with Disabilities.

[Deferred from 22nd March, 2018]

*15.     Hon. Uta:  To ask the Minister of Health and Child Care to explain whether Government            is considering adopting free medical services for all non-curable diseases given their impact on human capital.

[Deferred from 22nd March, 2018]

*16.     Hon. Gangarahwe: To ask the Minister of Energy and Power Development when the     following schools and clinic in Mhondoro-Mubaira Constituency will be electrified,    considering that the connection fees were fully paid three years ago:

a)      Mavhudzi Secondary School in ward 8;

b)      Marowa Primary School in ward 9;

c)      Mufuka Primary School in ward 9;

d)     Mazorodze Secondary School in ward 9;

e)      Mhondoro North Clinic in ward 9; and

f)       Chimatira Primary School in ward

 

*17.     Hon. Uta:  To ask the Minister of Information, Media and Broadcasting Services to         explain why the cost of radio and television licences are higher than those obtaining in         the region.

 

*18.     Hon. Uta:  To ask the Minister of Information, Media and Broadcasting Services to state             the criteria used by the national television to check whether the content resonates with the      public viewers.

 

*19.     Hon Mufunga:  To ask the Minister of Information, Media and Broadcasting Services to             inform the House when the Ministry would set up a transmitter for television signal in             Muzarabani Constituency.

 

*20.     Hon. Mufunga:   To ask the Minister of Environment, Water and Climate to inform the   House when the Ministry would construct a dam in Mavhuradonha area in Muzarabani        Constituency.

*21.     Hon Gwanetsa:  To ask the Minister of Lands, Agriculture and Rural Resettlement to     state when the people of Masvingo province would start utilising Tokwe – Mukorsi           Dam for irrigation purposes.

*22.     Hon. Gwanetsa:  To ask the Minister of Lands, Agriculture and Rural Resettlement to    state whether the Ministry has plans to increase hectrage under irrigation in the area   around Manyuchi Dam.

*23.     Hon. Muponora:  To ask the Minister of Environment, Water and Climate to state when             the Centre Abstraction Water System at Mukumbura Boarder post would be repaired considering that it is the main source of water for Government Departments and the business community in the area. 

*24.     Hon. Muponora:  To ask the Minister of Transport and Infrastructural Development to    state when tarring of Mt Darwin – Mkumbura Road would commence since the project          was allocated the budget in the 2018 National Budget.

 

 

NOTICES OF MOTIONS

 

1.         Hon. Mlilo

            Hon. Mpala

 

            That this House -

           

            MINDFUL that Section 35 of the Constitution of Zimbabwe provides for citizenship by birth, descent or registration;

 

            AWARE that Zimbabwean citizens are entitled to the rights, privileges and benefits of citizenship accruing from them being citizens;

 

            RECOGNISING that there are duties and obligations that go with being citizens;

 

            COGNISANT that provisions of the Constitution that entitle citizens to dual citizenship, can be easily circumvented by citizens claiming their foreign nationality and yet benefitting from the protection, travel documents and any other primary documents accorded to them through citizenship;

 

            DISTURBED that dual citizenship can be abused;

 

            NOW THEREFORE, calls upon;

 

(a)    The Executive to amend the Constitution so that dual citizenship by descent and registration is completely abolished; and

 

(b)   The Registrar General to sensitize the Nation on the compelling need to amend the provisions of the Constitution so as to do away with dual citizenship altogether and to further explain the implications and benefits of such actions to the majority of Zimbabwean nationals who do not have dual citizenship status and allegiance to other countries. 

 

2.          Hon. Majome

             Hon. Mpala

 

That this House takes note of the Report of the Zimbabwe delegation on the bilateral visit to Cuba held from 22nd to 20th October, 2017.

 

 

 

 

 

 

THURSDAY, 12TH APRIL, 2018

 

ORDERS OF THE DAY AND NOTICES OF MOTIONS

 

1.         Resumption of debate on motion on the First Report of the Portfolio Committee on 

            Defence, Home Affairs and Security Services on Service Delivery by the Registrar General’s Department (Reinstated 6th February, 2018 – Hon. Col. (Rtd) T. Dube )

                                                                                                                    

                                                                                                                     [Days elapsed: 42]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Defence, Home Affairs and Security Services on Service Delivery by the Registrar General’s Department (S.C. 18, 2016)- Hon. A. Mnangagwa

 

2.         Adjourned debate on motion on the First Report of the Portfolio Committee on Local Government, Public Works and Urban Development on Service Delivery by Local Authorities. (Reinstated 6th February, 2018 – Hon. Madanha).

 

                                                                                                                         [Days elapsed: 61]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Local Government, Public Works and Urban Development on Service Delivery by Local Authorities. (S.C. 23, 2016)-Hon. Zindi.

 

 

3.         Adjourned debate on the Second Report of Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on Agricultural Colleges and Command Agriculture -(Adjourned 30th November, 2017 - Hon. Rungani).

                                                                                                                

                                                                                                                       [Days elapsed: 21)

 

Question proposed: That this House takes note of the Second Report of Portfolio Committee on Lands, Agriculture, Mechanisation and Irrigation Development on Agricultural Colleges and Command Agriculture.             [S.C. 11, 2017]) –Hon. Chitindi.

 

4.         Adjourned debate on motion on the First Report of the Portfolio Committee on Health and Child Care on the Fact Finding Mission to Zambia on Cancer Management and Blood Services -(Adjourned 5th December, 2017Hon. Rungani).

                                                                                                                

                                                                                                                       [Days elapsed: 20]

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Health and Child Care on the Fact Finding Mission to Zambia on Cancer Management and Blood Services (S.C.23, 2017)-Hon. Mahiya.

 

 

5.         Adjourned debate on the Report of the Portfolio Committee on Women Affairs, Gender and Community Development on the Women Development Fund (WDF) projects. (Adjourned 29th November, 2017 – Hon. Rungani)

[Days elapsed: 22]

           Question proposed: That this House takes note of the Report of the Portfolio Committee on Women Affairs, Gender and Community Development on the Women Development Fund (WDF) projects. (S.C. 16, 2017). – Hon. Misihairabwi-Mushonga

 

 

6.         Hon. Misihairabwi-Mushonga

            Hon. Mliswa

           

            ENCOURAGED by the spirit of nationalism that was demonstrated in the historic people’s march of the 18th November, 2017;

 

            ACKNOWLEDGING the Preamble of the Constitution of Zimbabwe which among other endeavours to commit ourselves to build a united, just prosperous nation, founded on the values of transparency, equality, freedom, fairness and the dignity of hard work;

 

            NOTING the unfinished business of national healing and reconciliation which can now be fully pursued with vigour in the spirit of a new beginning and a united front in national consensus building.

 

            NOW THEREFORE, resolves that this House;

 

(a)    congratulate the people of Zimbabwe for their conduct before and during the transition to the new government;

 

(b)   Applaud the people of Zimbabwe for demonstrating their support for a democratic change;

 

(c)    Implore the new President of the Republic of Zimbabwe to inculcate a tone of a reconciled nation and that he personally espouses the principle of reconciliation, unity and the value of Ubuntu;

 

(d)   Thank the Speaker of the National Assembly for steering the transition and respecting the Constitution; and

 

(e)    Invoke Section 140 (3) of the Constitution of Zimbabwe and invites the new President to attend Parliament to answer questions relating to the transition.

 

 

7.   Hon. Nduna

Hon. Mapiki

 

That this House:

 

COGNISANT that Section 77 of our Constitution provides that “Every person has the right to safe, clean and potable water” thus making the right to water an inalienable right for all citizens of Zimbabwe;

 

AWARE that Zimbabwe is a signatory to and has committed itself to attaining the Sustainable Development Goals and in particular, SDG 6 “Clean Water and Sanitation”;

 

RECOGNISING that one of the key drivers and assumptions of ZIMASSET is increased investment in water and sanitation infrastructure;

 

DEEPLY CONCERNED that the majority of the urban Zimbabwean populace in general either do not have access to clean water at all or are accessing unclean and unsafe water;

 

ALARMED that a National level water bodies have not been fully utilized;

 

WORRIED that the current sewer reticulation system in towns and cities has outlived its lifespan and has been overtaken by the population balance;

 

MINDFUL that during the period 2009 to 2011 over 700 people were hospitalized and more than 274 lost their lives due to the cholera epidemic nationally;

 

COGNISANT that clean and safe water is a prerequisite for the realization of other fundamental human rights such as the right to health and the right to a clean and safe environment.

 

FURTHER COGNISANT that Section 77 enjoins the State to take reasonable legislative and other measures to achieve the progressive realization of the right to safe, clean and potable water;

 

      NOW THEREFORE, calls upon the relevant Ministries to:

 

a)      Prioritize investment in water and sanitation infrastructure countrywide;

 

b)      Take appropriate measures to ensure that every citizen in Zimbabwe has access to safe, clean and potable water;

 

c)      Remove and replace most councils which have continued to charge exorbitant rates to citizens for water which is not readily supplied and continually abuse such funds at the expense of the health of unsuspecting citizens; and

 

d)     Immediately take advantage of the copious amount of water bodies around the                  country which require minimum amount of chemicals to treat, in order that they provide portable.

 

8.         Hon. Dr. Khupe

            Hon. Mguni N.

 

            That this House takes note of the Report of the delegation to the World Parliamentary Forum on Sustainable Development held in Bali, Indonesia from 6th to 7th September 2017.

 

9.         Hon. Nduna

                Hon. Ndoro

 

             That this House;

 

MINDFUL that the World Radio Day is celebrated through the bringing together of Community radio enthusiasts to share best practices, exhibit and exchange ideas among professionals of the radio industry;

 

 

COGNIZANT that the radio promotes the diversity of cultures and continues to play a pivotal role as it did during the days of our liberation struggle where broadcasts completely defeated enemy propaganda;

 

ACKNOWLEDGING that the radio is not just a means of communication but is an emotional, spiritual and physical nourishment to the generality of the population all over the world;

 

FURTHER ACKNOWLEDGING that the World Radio Day was successfully celebrated            in Zimbabwe on behalf of the entire SADC Region on 13 February, 2017 under the theme           “Radio is You”

 

NOW THEREFORE, calls upon this House to

 

(a)    Congratulate the Ministry of Information, Media and Broadcasting Services, ZBC, Star F.M., Zi F.M. and all other stakeholders for successfully celebrating World Radio Day;

 

(b)   Applaud Government’s progressive policy which encourages 75% local content thereby motivating promoting and empowering our local artists;

 

(c)    Embrace all modern technology that enhances digitalization.

 

 

10.       Hon. Majome

            Hon Maondera

 

            That this House -

            RECALLING THAT on 5 February 2014 I moved a motion for stiff mandatory    sentences for rape and other gender based violence crimes, scientific investigation of          rape and the implementation of the National Gender Based Violence Strategy.

DISMAYED that only the Ministers of Justice, Legal and Parliamentary Affairs and Women Affairs, Gender and Community Development responded to the motion, while the Ministers of 1) Health and Child Care, 2) Home Affairs, 3) Finance and Economic Development and 4) Higher and Tertiary Education, Science and Technology Development did not respond to the motion, causing me to move to re-instate it on the Order Paper upon its lapse with the prorogation of 2 sessions.

            NOTING THAT the 16 days of activism against gender based violence began on 25         November and ended on 10 December 2015, the International Human Rights Day             whose theme was ‘From Peace in the Home to Peace in the World: Make Education           safe      for all’;

            STILL DISTURBED by the high rate of gender based violence in Zimbabwe, i.e.             against             women and girls who have been raped from 2013-2015;

            STILL CONCERNED by the low rate of apprehension, conviction and sentencing of       perpetrators of gender based violence;

            STILL CONCERNED by the absence and lack of crime forensic experts in           Zimbabwe, as well as the lack of forensic rape investigation kits;

            COGNISANT that at the launch of the 16 days of activism campaign of 2012

            government launched the National Gender Based Violence Strategy 2012-2015

            whose four key result areas are Prevention, Service Provision, Research,

             Documentation, Evaluation and Coordination;

            Now therefore resolve that;

(a)    There be legislated a mandatory sentence for rape, including statutory rape, of not less than thirty years and appropriate sentences for other forms of gender based violence.

(b)   The government immediately engages adequate services of forensic scientists

      for purposes of investigating rape.

 

(c)    The government immediately and continually equip all police stations with

forensic investigation rape kits.

(d)   The government immediately implements with stakeholders the “Zimbabwe National Gender Based Violence Strategy: 2012-2015".

 

11.       Hon. Nduna

            Hon Mudarikwa

 

            That this House;

 

            COGNISANT of Section 77 of the Constitution of Zimbabwe which accords every          Zimbabwean the right to sufficient food and obliges the State to take reasonable measures    to achieve the progressive realization of this right;

            APPRECIATING Government efforts towards realization of this right through the highly            successful Command Agriculture Programme which delivered a bumper maize harvest of       over two million metric tonnes in the 2016/ 2017 cropping season;

            APPLAUDING the initiative by Government to extend the Command Agriculture           Programme to wheat and cattle production to ensure food security and self – sufficiency in the country;

            CONCERNED that the prolonged dry spell and erratic rainfall being experienced in most             parts of the country may result in depressed yields under the Command Agriculture      Programme and thus, compromise food security;

            AWARE that Zimbabwe has over 36 dams and water reservoirs which can be used for      water harvesting for irrigation purposes;

            REALISING that Zimbabwe has great prospects of water harvesting, particularly during periods of good rains, for instance, the 2016 / 2017 rainy season which is not being fully      exploited in our communities;

            AWARE that community based water harvesting initiatives have provided successful       mitigatory strategies in countries that experience intermittent rainfall patterns such as India;

            NOW, THEREFORE, this House calls upon the Executive to:

a)               Effectively implement water harvesting initiatives in communities to avoid a          reversal of the successes of the Command Agriculture Programme;

b)               To urgently utilise water in dams and water reservoirs such as Tokwe – Mukorsi     for irrigation purposes; and

c)               To raise awareness among communities on the importance of water conservation    for sustainability development.

 

12.        Hon. Dutiro

             hon chinanzvavana

 

            That this House takes note of the Report of the Portfolio Committee on Environment, Water, Tourism and Hospitality Industry on the United Nations Climate Change Conference held in Marrakesh, Morocco from the 7th to 18th November, 2016.

 

13.       Hon. Zindi

            Hon. Rungani

 

            That this House;

           

            RECOGNISING that the freedom, peace, equality, prosperity and tolerance that we enjoy           today is a result of the supreme sacrifice made by our patriotic war veterans the majority        of whom sacrificed their livelihoods to join the Chimurenga/ Umvukela/ national liberation    struggle;

 

            AWARE that veterans of the liberation struggle played an important role in liberating       Zimbabweans from the racist colonial regime which reduced Zimbabweans to second class       citizens in the land of their birth;

 

            COGNISANT that one of the founding values on which our Constitution is based is the   recognition of and respect for the liberation struggle and the recognition of the rights of          veterans of the liberation struggle;

 

            ACKNOWLEDGING that the Government has undertaken to recognize and honour our war veterans by catering for their welfare of including, but not limited to, monthly stipends            and payment of school fees for their children;

 

            ALARMED that due to the prevailing budgetary constraints, the Government has not been          able to consistently provide for the needs of war veterans as promised;

 

            AWARE that the monthly stipends have been severely eroded by the rising cost of living             and inflationary pressures;

 

            WORRIED that this has reduced our war veterans, who ought to enjoy an elevated status,           to paupers and resulted in untold suffering for them and their families;

 

            DISMAYED that war veterans have had to bear the indignity of having their children sent           away from schools for non- payment of fees;

 

 

            NOW, THEREFORE, calls upon the Executive to:

 

(i)     To take urgent measures to improve the welfare of war veterans to a level that recognizes the important contribution that they made to the liberation of Zimbabweans;

(ii)   To mobilize resources to ensure that what is due to war veterans and their families is paid on time; and

(iii) To put in place policy measures that guarantee that the children of war veterans will continue to attend schools where payment of fees is delayed.

 

14.      Hon. Chibaya

            Hon. Machingura

 

            That this takes note of the Report of the 137the Assembly of the Inter-Parliamentary Union (IPU), held in St. Petersburg Russia from the 14th to the 18th October 2017.

 

15.       Adjourned debate on motion on the First Report of the Portfolio Committee on Higher and Tertiary Education, Science and Technology Development on the projects funded by Zimbabwe Manpower Development Fund (ZIMDEF) in Tertiary Institutions. -(Adjourned 15th March, 2018 - Hon. Rungani).

                                                                                                                

                                                                                                                       [Days elapsed: 2)

 

Question proposed: That this House takes note of the First Report of the Portfolio Committee on Higher and Tertiary Education, Science and Technology Development on the projects funded by Zimbabwe Manpower Development Fund(ZIMDEF) in Tertiary Institutions.Hon. Dr. Mataruse.

           

16.       Adjourned debate on motion on the Report of the delegation to the 136th Assembly of the Inter Parliamentary Union (IPU), held in Dhaka, Bangladesh, from 1st to 5th April, 2017. (Adjourned 14th March, 2018 – Hon. Rungani)

[Days elapsed: 2]

 

            Question proposed: That this House takes note of the Report of the delegation to the 136th Assembly of the Inter Parliamentary Union (IPU), held in Dhaka, Bangladesh, from 1st to 5th April, 2017. – Hon. Chakona

 

 

17.      Adjourned debate on motion on the hardships affecting orphans and vulnerable children (Adjourned 15th February, 2018 – Hon. Rungani)

 

                                                                           [Days elapsed: 5]

 

Question proposed: That this House;

 

            DEEPLY CONCERNED with the hardships affecting orphans and vulnerable children in institutions and in Zimbabwean society in general;

 

            APPLAUDING the great efforts that some Children’s Homes are doing, given the prevailing difficult socio-economic environment;

 

            NOTING WITH CONCERN the cultural barriers that discourage the practice of adoption of orphans and vulnerable children in Zimbabwe, and the apparent lack of clear policies and legal framework for adoption of these children;

 

            COGNISANT that Zimbabwe is a signatory to regional and international instruments (African Charter on the Rights and Welfare of the Child; and the UN Convention for the Rights of the Child) that recognises the right to a name and identity as one of the fundamental human rights;

 

            FURTHER COGNISANT that these rights are also enshrined in Section 81 of the Constitution of Zimbabwe;

 

            DISAPPOINTED that in spite of the existence of these instruments, that protect and uphold the rights of the children, orphans and vulnerable children in Zimbabwe continue to face challenges in the acquisition of birth certificates; and

 

            DISHEARTENED that the withholding of birth records by hospitals due to outstanding maternal user fees, coupled with the prohibitive provisions in the current outdated Birth Registration Act, inhibit acquisition of birth certificates for children in difficult circumstances.

 

            NOW THEREFORE, this House calls upon;

 

a)      The Ministry of Justice, Legal and Parliamentary Affairs to urgently review the legislation relating to child adoption and acquisition of birth certificates;

b)      The Ministry of Labour and Social Welfare and the Juvenile Courts to remove all bureaucracy associated with child adoption procedures.

c)      The Ministry of Labour and Social Welfare to ensure timeous disbursement of grants to Children’s Homes;

d)     Churches, Traditional Leaders and Members of Parliament to champion the child adoption cause by making efforts to change people’s attitudes and mind sets.

e)      The Ministry of Health and Child Care to stop forthwith the withholding of birth records for non-payment of maternity fees;

f)       The Ministry of Home Affairs and Culture to closely monitor and supervise the operations Registrar General’s Office to ensure effective and diligent service delivery to the nation and to replicate the Electronic Queue Management System, currently found at the Registrar General’s Office in Harare, to other centres especially the remote areas.

g)      Government to consider amnesty for birth certificate registration for all children in Zimbabwe without birth certificates for various reasons. – Hon. A. Mnangagwa.

 

18.       Adjourned debate on motion on the funding for students on Bilateral Scholarships. (Adjourned 14 February, 2018 – The Minister of Justice, Legal and Parliamentary Affairs.)

 

                                                                                                        [Days elapsed: 6]

 

             Question proposed: That this House-

 

DEEPLY CONCERNED by the failure of Government to timeously disburse funding for the 460 students on Bilateral Scholarship in Algeria as well as for other students in Russia and Cyprus;

 

ALSO CONCERNED that the former Minister of Higher and Tertiary Education, Science

and Technology Development, after making an undertaking to pay $3000.00 per student per year to             respective universities, had failed to do so with only 25% having been paid in 2015;

 

DISCONCERTED that the students are currently starving and living in destitution since their semester break starting from 19th December 2017;

 

WORRIED that the students have no means of returning back home and some were arrested after             engaging in demonstrations against their poor living conditions;

 

            DISAPPOINTED by the lack of response by the relevant government departments;

 

            NOW, THEREFORE, resolves that;

 

a)      The Ministry of Finance and Economic Development in liaison with the Ministry of Foreign Affairs and other relevant government departments disburse funds for the stranded students as a matter of urgency;

b)         The Minister of Higher and Tertiary Education, Science and Technology Development report to the House how his ministry intends to rescue the stranded students;

c)         The Portfolio Committee on Higher and Tertiary Education, Science and Technology Development urgently inquire into the status and living conditions of Zimbabwe Students on bilateral scholarships in Algeria, Russia, Cyprus and other destinations and report its findings to the House. – Hon. Majome.

 

19.       Adjourned debate on motion on the protection of wetlands (Adjourned 13th February, 2018 – Hon. Rungani)

 

                                                                           [Days elapsed: 6]

 

Question proposed: That this House;

 

WHEREAS the Constitution of Zimbabwe in Section 73 establishes “Environmental Rights” as part of the “Fundamental Human Rights and Freedoms” which form Part Two of Declaration of Rights in Chapter Four of the country’s governing Chapter;

 

            WHEREAS several statutes among them the Water Act (Chapter 20:24), and Environmental Management Act (Chapter 20:27), were brought into existence for the protection of the environment of which wetlands are arguably the most important as they are a source of drinking water hence life itself;

 

            CONCERNED that very little regard is given by those in authority to protect wetlands and thus preserve the ecosystem that generates water for the livelihoods of both flora and fauna;

 

            WORRIED that Zimbabwe in general, and Harare in particular, has no other natural sources of drinking water except wetlands.

 

            ALARMED at the rate at which wetlands are being destroyed for agricultural purposes and for the construction of brick and mortar structures that permanently destroy ecosystems which generate water;

 

            NOW THEREFORE resolves that this House calls upon the Executive and all agencies of Government and the State at every level to;

 

(a)    Stop construction and development on Wetlands;

 

(b)   Stop using wetlands for agriculture purposes; and

 

(c)    Put in place mechanisms for the protection and preservation of wetlands – Hon. Maridadi

 

 

20.       Adjourned debate on motion on the State of Harare and other urban roads (Reinstated 6th February, 2018 – Hon. Majome)

 

[Days elapsed: 37]

 

            Question proposed: That this House;

 

CONCERNED that the state of the capital city Harare’s and other urban roads are in an appallingly dilapidated state that is not only car-worthy but is hazardous to life, limb and property.

RECALLING that the Zimbabwe National Roads Administration (ZINARA) took over from Harare City Council and other municipalities the collection of termly vehicle licensing fees, 10% of which revenue would be retained by municipalities for road maintenance.

FURTHER recalling that municipalities were able to fund the maintenance of roads then, but disconcerted that the state of municipal roads deteriorated steadily since ZINARA took over the revenue collection, and even more sharply in the last four years.

CONCERNED that ZINARA fails to disburse to Harare City Council sufficient money to maintain roads, despite the bulk of the nation’s vehicle fleet being domiciled in Harare.

FURTHER disturbed by the lack of transparency, inequity in disbursement and misappropriation of revenues from motorists by ZINARA, which is not in the national interest, as exemplified by the recent purchase of snow ploughs.

AFFIRMING and encouraged by the imperative in Section 264(f) of the Constitution to ‘transfer responsibilities and resources from national government in order to establish a sound financial base for each provincial council and local authority’ and

MANDATED by the duty of Parliament in Section 119(2) of the Constitution to, ‘ensure that the provisions of this Constitution are upheld and that the State and all its institutions and agencies of government at every level act constitutionally and in the national interest

NOW THEREFORE this House resolves that;

(a)  ZINARA ceases to collect termly motor vehicle licence fees thereby restoring that function to Harare City Council and all other respective municipalities and local authorities.

(b)  Harare City Council and the respective municipalities and other local authorities

retain 100% of the resultant revenues from termly motor vehicle licences and suspend remittances to ZINARA until all their roads are in a demonstrably recovered state.

(c)  ZINARA disburses to Harare City Council by July 2017 all the arrears it had

undertaken to pay, and by December 2017 to all other local authorities.

(d)  ZINARA accounts be audited for the past 5 years for its revenues and comparative

disbursements to local authorities and its expenditure, and such audit be tabled to the Public Accounts Committee. – Hon. Majome

 

 

21.       Adjourned debate on motion on the high cost of sanitary wear (Adjourned 9th January, 2018- Hon. Rungani)

 

[Days elapsed: 18]

           

            Question proposed: That this House-

 

            ALARMED by the high cost of sanitary wear which has made it almost inaccessible to the majority of girls and women;

 

            CONCERNED that the main producer of sanitary wear is faced with imminent closure;

 

            FURTHER CONCERNED that schools are about to open and parents have to buy sanitary wear for their girl children;

 

            NOW THEREFORE, calls upon the Executive;

 

(a)    To immediately and urgently give a directive to the Reserve Bank of Zimbabwe to provide the required foreign currency to the main producer of sanitary wear so as to avert the closure;

 

(b)   To allow traders to import sanitary wear duty free as a short term solution;

 

(c)    To allow the dispensation for duty free importation of the material used to produce sanitary wear as provided for in the last budget; and

 

(d)   To implore upon the Non-Governmental Organisations and the donor community to assist in provision of sanitary wear to the less privileged womenfolk- Hon. Misihairabwi -Mushonga.

           

22.       Adjourned debate on motion on appreciation and support for the measures being taken by H.E. the President E.D. Mnangagwa to rebuild Zimbabwe. (Adjourned 11th January 2018 – Hon. Matuke)

[Days elapsed: 16]

 

Question proposed: That this House:

 

            INSPIRED by His Excellency, The President E. D. Mnangagwa’s sterling inaugural          address to the nation on Friday 24 November 2017 at the National Sports Stadium,          envisaging a new dispensation;

            ACKNOWLEDGING the measures already taken such as:

 

            (a)        Efforts to stamp out corruption at all levels as demonstrated by the 90-day                                                 moratorium on those who externalized cash and assets, and

 

(b)        the meetings held with Permanent Secretaries and Public Service Commission                                highlighting the need to downsize government structures and appoint a lean cabinet,                     and retiring civil servants who have reached their retirement age.

 

            FURTHER ACKNOWLEDGING the need to strengthen institutions of governance        through separation of powers among the three arms of the State namely; the Judiciary, the       Legislature and the Executive;

           

COGNISANT of the call by His Excellency to shun any forms of retribution and divisions as a way of fostering unity among Zimbabweans regardless of colour, creed,     gender and ethnicity;

 

            MINDFUL of His Excellency, the President’s desire to revive the economy leading to the            creation of jobs;

 

            APPLAUDING the sentiments expressed towards restoration of international relations     through engaging the international community;

           

            Now, therefore, expresses its unequivocal and deepest appreciation and support      for the measures being taken to rebuild Zimbabwe. - Hon. Zindi

 

23.        Adjourned debate on the Report of the Public Accounts Committee on the Ministry of     Health and Child Care on the 2015 Appropriation and the 2011 to 2014 Fund Accounts - (Adjourned 6th February, 2018 - Hon. Rungani).

                                                                                                                

                                                                                                                       [Days elapsed: 9)

 

Question proposed: That this House adopts the Report of the Public Accounts Committee on the Ministry of Health and Child Care on the 2015 Appropriation and the 2011 to 2014 Fund Accounts (S.C. 20, 2017).Hon. Mpariwa.

 

 

24.       Adjourned debate on motion on working towards objective Sustainable Development Goals (SDGs) and meeting requirements of the 2030 Agenda for SDGs and the Paris Climate Agreement (Adjourned 31st October, 2017- Hon. Matuke)

 

[Days elapsed: 26]

 

            Question proposed: That this House-

DISTURBED by under representation and deprivation of women in socioeconomic issues and decision making;

            FURTHER DISTURBED by the Executive has failed to implement gender equality and equitability on access to energy services and supplies;

            NOTING WITH CONCERN that the Executive has failed to conduct an analysis on gender sensitive strategies and mobilisation of resources for purposes of boosting energy renewal and combating Climate change.

            COGNISANT that the country as a member state that participates in International and Regional forums is a signatory and has ratified most instruments and Protocols at that level and is therefore obligated to provide basic services such as energy, water, roads and infrastructure to marginalised communities.

            NOW THEREFORE, calls upon the Executive;

(a)    To work towards achieving the Sustainable Development Goals (SDGs) and meeting requirements of the 2030 Agenda for Sustainable Development Goals and the Paris climate agreement which emphasise the acceleration of private public cooperation under the deployment of new technology on Gender Inclusion in Renewable Energy;

 

(b)   To make available equal opportunities to both men and women in their involvement in government policies and programmes related to Gender Inclusion Renewable Energy;

 

(c)    To explore further advancement of technology on Gender Inclusion Renewable Energy; and

 

(d)   That the Executive works closely with organisation and institutions responsible for renewable energy so that they share best practices. - Hon. Chirisa

 

25.       Adjourned debate on motion on regional and gender imbalances in society-(Adjourned 3rd October, 2017-The Minister of State in the Vice President and Minister of National Healing, Peace and Reconciliation).

                                                                                                               

                                                                                                                       [Days elapsed: 36]

 

  Question proposed: That this House -

 

            ACKNOWLEDGING that Section 18 of the           Constitution provides for regional                  equality and states “The state must promote    the fair representation of all    Zimbabwe’s     regions in all institutions and agencies of government at every        level;

 

FURTHER ACKNOWLEDGING that Section 17 provides that “The State must promote full gender balance in Zimbabwean society, and in particular the state must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;

 

NOTING that both Section 18 and Section 17 place obligations on the state to take specific measures to rectify both regional and gender imbalances in society;

 

CONCERNED that the process of identifying providers of government services and government tenders are violating Section 17 and Section 18;

 

            NOW THEREFORE resolves to call upon the Executive to ensure that:

 

(a)       All processes of identifying providers of services to government are

conducted in a transparent and accountable manner;

 

(b)   Awarding of government and parastatal tenders promotes fair regional

            representation; and

 

(c)    A 30% quota of all government tenders are reserved for women. – Hon

            Misihairabwi-Mushonga.

 

26.       Adjourned debate on motion on the closed Shabani – Mashava Mines (SMM) (Re - instated 3rd October, 2017 –Hon. Holder).

 

[Days elapsed: 63]

 

Question proposed: That this House:

 

RECALLING that the Shabani – Mashava Mines (SMM) closed more than 15 year ago and prejudiced over two thousand employees due to non-payment of salaries and wages, poor service delivery as well as deteriorating living standards as a result of poor maintenance of basic facilities such as sanitation, sewer and water reticulation system, roads and infrastructure among others;

 

NOTING that the credit status of the company has been getting worse since the closure of the mine;

 

COGNISANT that the company was a big contributor to the economy and that it is deteriorating;

 

CONCERNED at the consequences of not been reopened

 

WORRIED that the workers may never get what is due to them and also that the prospects of the re – opening of the mine may never dawn;

 

NOW, THEREFORE, this House resolves that:

 

(a)    Through the government, a board be set to run the affairs of the Mines

 

(b)   The board secures a new investor to resuscitate the Mines and that it be

       revived in line with dictates of the ZIMASSET Blueprint;

 

(c)    The welfare of the Mining community and the workers of these mines be improved; and

 

(d)   The flagship of the town be raised- Hon. Holder.

 

                       

27.            Adjourned debate on motion on stiffer custodial sentences for people who start veld fires-   

        (Adjourned 5th October, 2017– Hon. Rungani)

 

                                                                                                                    [Days elapsed: 33]

           

            Question proposed:  That this House:

 

            AWARE that the veld fire season runs from the end of July to the end of   October;

 

            MINDFUL that frequent burning has serious implications on the environment,       wildlife habitat, human health and livelihoods;

            RECALLING that the impacts of veld fires range from severe environmental        degradation to loss of property and life;

            COGNISANT that Zimbabwe has received normal to above normal rainfall during            the 2016/17 season;

            NOTING that the growth of vegetation countrywide translates to high fuel load with a     high probability of veld fire outbreaks during the dry season;

            ACKNOWLEDGING that the fire prediction for 2017 season indicates 80% of high to    extreme fire risk;

            CONCERNED that human activities increase the frequency, extent and pattern of veld    fires;

            NOW, THEREFORE, calls upon the Executive to-

 

(a)        Amend the legislative framework that deals with veld fires so that it                                               provides for stiffer custodial sentences for people who start fires; and

(b)        Take steps to ensure that court cases on environmental crimes are resolved                          speedily – Hon Mudyiwa.

______________________________________________________________________________

NOTICE OF AMENDMENTS

 

 

Electoral Amendment Bill, 2017 (H.B. --, 2017)

New Clause inserted after Clause 1

 

By the Minister of Justice, Legal and Parliamentary Affairs

After clause 1 on page 1 of the Bill, insert the following clause, the subsequent clauses being renumbered accordingly¾

 

 

 

 

 

3    Amendment of section 22A of Cap. 2:13

The Electoral Act [Chapter 2:13] (No. 25 of 2004) (hereinafter called “the principal Act”) is amended in section 22A (“Polling station voters rolls”)(1) by the insertion of the following proviso to paragraph (b)—

                     “Provided that where the estimated number of voters to be served by any polling station exceeds the number determined by the Commission to be manageable, the Commission may establish two or more independent polling stations to serve the same polling station area, and the voters’ roll for that area shall be split between such polling stations accordingly.”

 

NEW CLAUSES INSERTED AFTER CLAUSE 1

By Hon. Gonese:

Between lines 7 and 8 on page 1 of the Bill, to insert the following clauses between clauses 1 and 2, the remaining clauses of the Bill being renumbered accordingly:

2  Amendment of section 4 of Cap. 2:13

Section 4 (“Interpretation”) of the Electoral Act [Chapter 2:13] (hereinafter called “the principal Act”) is amended

       (a)   in subsection (1)—

                  (i)   by the insertion of the following definition—

““appropriate registration office”, in relation to a constituency or ward, means a registration office that is situated in that constituency or ward or that normally registers voters on polling station voters rolls in that constituency or ward;”;

                 (ii)   in the definition of “Commission” by the deletion of “means” and the substitution of “, subject to section 5A(3), means”;

                (iii)   in the definition of “disciplined force” by the deletion of “Police Force or the Prison Service” and the substitution of “Police Service or the Prisons and Correctional Service”;

                (iv)   by the insertion of the following definition—

““election petition” means an application to the Electoral Court for the election of a person to be set aside on the ground of lack of qualification, disqualification, electoral malpractice, irregularity or any other reason whatever;”;

                 (v)   by the repeal of the definition of “Electoral Court” and the substitution of—

““Electoral Court” means the Electoral Division of the High Court constituted by section 161;”;

                (vi)   by the repeal of the definition of “general election” and the substitution of—

““general election” means a general election of the President, Vice-Presidents, members of Parliament and councillors of local authorities;”;

               (vii)   by the repeal of the definition of “metropolitan council” and the substitution of—

““metropolitan council” means one of the councils established by section 269 of the Constitution for the metropolitan provinces of Bulawayo and Harare;”;

              (viii)   by the repeal of the definition of “nomination paper in the prescribed form”, “nomination paper” or “nomination form” and the substitution of—

““nomination paper” means a nomination paper in the prescribed form;”;

                (ix)   by the insertion of the following definition—

““polling station area” means the area served by a polling station, determined in accordance with section xxx;”;

                 (x)   by the repeal of the definitions of “proof of identity” and “proof of residence”;

                (xi)   by the repeal of the definition of “voters roll” and the substitution of—

““voters roll”, subject to subsection (2), means the voters roll for a polling station area;”;

               (xii)   by the repeal of the definition of “Zimbabwe Human Rights Commission”;

       (b)   by the repeal of subsections (2) and (3) and the substitution of the following subsections—

“(2)  Any reference in this Act to a constituency or ward voters roll shall be construed as a reference to the voters rolls for the polling station areas within the constituency or ward concerned.

(3)   Where this Act refers to a person being registered on the voters roll of a constituency or ward or being registered in a constituency or ward, the reference shall be construed as meaning that the person is registered or is to be registered, as the case may be, on a voters roll for a polling station area within the constituency or ward.”.

3    Amendment of section 5 of Cap. 2:13

Section 5 (“Additional functions and powers of Commission”) of the principal Act is amended by the insertion of the following subsection, the existing section becoming subsection (1)—

“(2)            The Commission shall have power to issue written instructions and guidelines to voter registration officers, electoral officers and other employees of the Commission as to the manner in which they are to carry out their duties under this Act, and the employees concerned shall carry out their duties in accordance with such instructions and guidelines:

Provided that—

                           (i)   the Commission shall ensure that copies of all such instructions and guidelines are kept at its head office and at all provincial and district offices, where they may be inspected by the public, free of charge, at all reasonable times during normal business hours;

                          (ii)   the provisions of this Act and of regulations made under this Act shall prevail over such instructions or guidelines in the event of any inconsistency between them.”.

4    New section inserted in Cap. 2:13

The principal Act is amended by the insertion after section 5 of the following section—

“5A Assumption and delegation of functions

(1)    For the better carrying out of the objects and purposes of this Act—

                 (a)   the Commission may itself exercise any function which by this Act is assigned to any of its officers;

                 (b)   the Commission may delegate any of its functions to the Chief Elections Officer or to any other of its employees or agents:

                                Provided that the Commission shall not delegate any function that has been assigned to the Chairperson of the Commission;

                 (c)   the Commission may assign any function which by this Act is conferred on any of its employees to any other of its employees or agents;

                 (d)   with the approval of the Commission, the Chief Elections Officer may delegate any of his or her functions, including a function delegated to him or her under paragraph (b), to any of the Commission’s employees or agents.

(2)  A delegation or assignment under subsection (1)—

                 (a)   may be made generally or specially and subject to such reservations, restrictions and exceptions as the Commission or the Chief Elections Officer, as the case may be, may determine;  and

                 (b)   may be revoked at any time by the Commission or the Chief Elections Officer, as the case may be;  and

                 (c)   shall be exercised subject to the direction or control of the Commission;  and

                 (d)   shall not preclude the Commission or the Chief Elections Officer, as the case may be, from exercising the function concerned.

(3)  Where a function has been delegated or assigned in terms of subsection (1), any reference in this Act to—

                 (a)   the Commission, in relation to the function, shall be construed as a reference to the Chief Elections Officer or other employee or agent to whom the function has been delegated or assigned;

                 (b)   the Chief Elections Officer or other employee, in relation to the function, shall be construed as a reference to the employee or agent to whom the function has been delegated or assigned.

(4)  This section shall not be construed as—

                 (a)   limiting any other law which may permit the delegation or assignment of functions by the Commission, the Chief Elections Officer or any other employee of the Commission;  or

                 (b)   absolving the Commission from responsibility for the manner in which the delegated or assigned function is exercised or for the conduct of the employee or agent to whom the function has been delegated or assigned.”.

5    New section inserted in Part IV of Cap. 2:13

Part IV (“Voter Registration Functions of Commission”) of the principal Act is amended by the insertion before section 17A of the following section—

“17 Commission to prepare voters rolls

After determining, in terms of section 51, the places where polling stations are to be situated and the areas to be served by those polling stations, the Commission shall prepare a voters roll for each polling station area in accordance with this Part.”.

6    Amendment of section 18 of Cap. 2:13

Section 18 (“Commission to register voters”) of the principal Act is amended—

                 (a)   in subsection (1) by the repeal of the definition of “former Registrar-General of Voters” and the substitution of—

““former Registrar-General of Voters” means the member of the Civil Service who has custody and control of any voters rolls, databases and records, or any copies thereof, which—

                           (a)   were in the custody and under the control of the Registrar-General of Voters immediately before the 1st July, 2016, being the date of commencement of the General Laws Amendment Act, 2016 (No. 3 of 2016);  and

                          (b)   have not been transferred to the custody and control of the Commission;”;

                 (b)   by the repeal of subsection (2);

                 (c)   in subsection (4) by the deletion of “and the former Registrar-General of Voters, in his or her capacity as” and the substitution of “, the former Registrar-General of Voters,”;

                 (d)   in subsection (5)—

                           (i)   by the deletion of “may, after consultation with the Commission and the former Registrar-General of Voters,” and the substitution of “, with the approval of the Commission and after consultation with the former Registrar-General of Voters, may”;

                          (ii)   by the repeal of paragraph (d).

7    Amendment of section 20 of Cap. 2:13

Section 20 (“Voters rolls to be kept by Commission”) of the principal Act is amended—

                 (a)   by the repeal of subsection (1) and the substitution of—

“(1)  The Commission shall keep and maintain in printed and electronic form a voters roll for each polling station area, containing the names of all registered voters who may vote in that area.”;

                 (b)   in subsection (2) by the insertion after paragraph (b) of the following paragraph—

             “(b1)   where the voter, through being illiterate or physically handicapped, requires assistance in exercising his or her vote, a note of that fact in the prescribed form;  and”;

                 (c)   in subsection (4)—

                           (i)   in paragraph (b) by the deletion of “each ward and constituency voters roll” and the substitution of “the voters roll for every polling station area within a constituency”;

                          (ii)   by the repeal of paragraph (c);

                 (d)   by the insertion after subsection (4) of the following subsection—

“(4a)  The Commission may prepare and maintain, in printed or electronic form, a consolidated national voters roll and a consolidated voters roll for any constituency or ward, but such rolls shall not be used for the purposes of polling in any election.”.

8    Amendment of section 21 of Cap. 2:13

Section 21 (“Inspection of voters rolls and provision of copies”) of the principal Act is amended—

                 (a)   in subsection (1) by the insertion after “voters roll” of “, and every consolidated roll referred to in section 20(4a),”;

                 (b)   by the repeal of subsection (2) and the substitution of—

“(2)  A person inspecting any voters roll in terms of subsection (1) may, without removing the roll from the office where it is kept—

                           (a)   photograph or make a copy of the roll or any part of it;  and

                          (b)   make written notes of anything contained in it.”;

                 (c)   in subsection (3)—

                           (i)   by the deletion of “within a reasonable period of time” and the substitution of “without delay”;

                          (ii)   by the deletion of “ward or constituency voters roll” and the substitution of “voters roll, including a consolidated roll referred to in section 20(4a),”;

                 (d)   in subsection (6)—

                           (i)   by the deletion of “Within a reasonable period of the time” and the substitution of “Without delay”;

                          (ii)   by the deletion of “constituency” wherever it occurs;

                 (e)   in subsection (9) by the deletion from paragraph (b) of “makes use” and the substitution of “without the consent of the Commission, makes use”.

9    Amendment of section 23 of Cap. 2:13

Section 23 (“Residence qualifications of voters”) of the principal Act is amended—

                 (a)   by the repeal of subsection (1) and the substitution of—

“(1)  Subject to the Constitution and this Act, in order to have the requisite residence qualifications to be registered as a voter on the voters roll for a particular polling station area, a claimant must be resident in the constituency or ward within which the polling station area is situated:

Provided that—

                           (i)   if a claimant satisfies the voter registration officer that he or she is or intends to be a candidate for election in a constituency or ward in which he or she is not resident, the claimant may be registered as a voter in that constituency or ward;

                          (ii)   if a claimant is qualified in terms of paragraph 1(1) of the Fourth Schedule to the Constitution to be registered as a voter, but is unable to satisfy the voter registration officer that he or she is resident in any particular constituency or ward, the claimant shall be registered on the voters roll for a polling station area in the constituency or ward within which he or she was born or, with his or her consent, in any other appropriate constituency or ward.”;

                 (b)   in subsection (2) by the insertion after “constituency” of “or ward”;

                 (c)   by the repeal of subsection (3);

                 (d)   by the repeal of subsection (4) and the substitution of—

“(4)  A person who is registered in a constituency or ward shall, on demand by the Commission or a voter registration officer, provide the Commission or the officer with proof of identity and additionally, or alternatively proof that he or she is resident in the constituency or ward.”.

 

CLAUSE 2

By Hon. Gonese:

Between lines 7 and 21 on page 1 of the Bill, to delete the clause and to substitute the following:

“10 New section substituted for section 24 of Cap. 2:13

Section 24 (“Claims for registration”) of the principal Act is repealed and the following is substituted—

“24  Claims for registration

(1)    Subject to this Act, any person who wishes to be registered as a voter in a constituency or ward shall present himself or herself at a registration office for the prescribed claim form to be completed on his or her behalf by the voter registration officer:

Provided that where a claimant, in accordance with proviso (i) to section 23(1), seeks registration in a constituency or ward in which he or she is not resident but for which he or she intends to be a candidate for election, the claimant shall lodge a claim form with the Commission and shall provide the Commission with an address in that constituency or ward where he or she shall be deemed to be resident for the purpose of any delimitation of constituencies and wards in terms of the Constitution.

(2)   If a voter registration officer is satisfied that a claimant is entitled to be registered as a voter in the constituency or ward for which his or her office is the appropriate registration office, the officer shall—

                 (a)   enter the claimant’s name and other particulars on a polling station voters roll in that constituency or ward;  and

                 (b)   where a system of biometric registration has been introduced in accordance with regulations made under section 192, take and record the claimant’s biometric and other particulars in accordance with those regulations.

(3)   If a voter registration officer considers that a claimant, through being illiterate or physically handicapped, will require assistance in terms of section 59 when exercising his or her vote, the voter registration officer shall note that fact in the prescribed manner when entering the claimant’s name and particulars on the voters roll in terms of subsection (2).

(4)   If—

                 (a)   a voter registration officer is satisfied that a claimant is resident in a different constituency or ward from that for which his or her office is the appropriate registration office, the officer shall forward the claim to the appropriate registration office for that other constituency or ward, and shall advise the claimant accordingly;

                 (b)   a claimant is unable to satisfy a voter registration officer that he or she is resident in any particular constituency or ward, the officer shall forward the claim to the appropriate registration office for the constituency or ward in which the claimant was born or to the appropriate registration office for any other constituency or ward which the officer considers to be the most appropriate one in which the claimant should be registered, and shall advise the claimant accordingly;

and in either case, where a system of biometric registration has been introduced in accordance with regulations made under section 192, the officer shall take and record the claimant’s biometric and other particulars in accordance with those regulations.

(5)   If, on receipt of a claim form from a claimant who, in accordance with proviso (i) to section 23(1), seeks registration in a constituency or ward in which he or she is not resident but for which he or she intends to be a candidate for election, the Commission is satisfied that it is appropriate for the claimant to be registered in that constituency or ward, the Commission shall direct the voter registration officer at the appropriate registration office to enter the claimant’s name and other particulars on a polling station voters roll in that constituency or ward.

(6)   For the purposes of this section, the Commission may prescribe documents that constitute proof of—

                 (a)   identity;  and

                 (b)   qualification to be registered as a voter;  and

                 (c)   residence:

Provided that the prescribing of such documents shall not prevent a person from proving his or her identity, qualifications and residence by other means.

(7)   Any person aggrieved by a decision of a voter registration officer or the Commission under this section may—

                 (a)   appeal to a designated magistrate in accordance with section 27;  or

                 (b)   lodge a complaint with the Commission in terms of section 190;  or

                 (c)   apply to the Electoral Court for a review of the decision in accordance with the rules of that court.

(8)   Notwithstanding any other provision of this section, where the Commission has made regulations in terms of section 192 for registering persons who are unable to present themselves at a registration office, including persons with disabilities, the procedure for the making of claims by or on behalf of such persons shall be as prescribed in those regulations.”.

 

NEW CLAUSES INSERTED AFTER CLAUSE 3

By Hon. Gonese:

Between lines 33 and 34 on page 2 of the Bill, to insert the following clauses, the existing clauses being renumbered accordingly:

“11  Amendment of section 26 of Cap. 2:13

Section 26 (“Voters registration certificates”) of the principal Act is amended by the insertion after subsection (2) of the following subsection—

“(3)  Notwithstanding any other provision of this Act, a voters registration certificate shall not entitle its holder to cast a vote in any election if he or she is not registered as a voter on the voters roll for that election.”.

12   Amendment of section 26A of Cap. 2:13

Section 26A (“Closure of voters rolls 12 days after nomination day”) of the principal Act is amended by the deletion of “after” and the substitution of “before”.

13   Amendment of section 33 of Cap. 2:13

Section 33 (“Removal from voters roll on disqualification, death or absence”) of the principal Act is amended—

       (a)   by the repeal of subsections (2) and (3);

       (b)   in subsection (4) by the deletion of “or (2)”;

       (c)   in subsection (5) by the deletion of—

                  (i)   “subsections (2) to (7)” and the substitution of “subsections (2) to (6)”;

                 (ii)   “subsection (1) or (2)” and the substitution of “subsection (1)”.

14   Amendment of section 35 of Cap. 2:13

Section 35 (“Additional powers to alter voters rolls”) of the principal Act is amended—

       (a)   in subsection (1) by the insertion after paragraph (b) of the following paragraph—

               “(c)   by the voter registration officer, to note the fact that a voter, through being illiterate or physically handicapped, requires assistance in terms of section 59 in exercising his or her vote.”;

       (b)   by the insertion after subsection (1) of the following subsection—

“(1a)  An alteration made to a voters roll for the purpose set out in subsection (1)(c) shall be made in the prescribed manner.”;

       (c)   by the repeal of subsection (3) and the substitution of the following subsections—

“(3)  A voter who is aggrieved by a decision of the Commission or a voter registration officer under this section may appeal against the decision to a designated magistrate of the province on whose voters roll the voter is or, prior to the alteration, was registered.

(4)  The form and manner in which an appeal under subsection (3) may be made and heard, and the powers of a designated magistrate in such an appeal, shall be as prescribed.”.

15   New section substituted for section 36 of Cap. 2:13

Section 36 (“How alterations to be made”) of the principal Act is repealed and the following is substituted—

“36  How alterations to voters rolls to be made

All alterations made in terms of this Part to a voters roll, whether electronic or printed, shall be made in such a way that the original entry on the roll can be identified and read, and the person in whose custody the roll is kept shall ensure that a record is kept showing the reason for the alteration, the date on which it was made and the name of the person by whom it was made.”.”.

 

 

 

New Clauses inserted after Clause 3 (Now clause 4)

 

By the Minister of Justice, Legal and Parliamentary Affairs

After clause 3 (renumbered as clause 4) on page 2 of the Bill, insert the following clauses, the subsequent clauses being renumbered accordingly¾

5    New section substituted for section 126A of Cap. 2:13

The principal Act is amended by repeal of section 26A and the substitution of—

 26A Closure of voters roll before nomination day

No person shall be registered as a voter for the purposes of voting at any Presidential election or election of members of the Parliament or councillors unless he or she lodges a claim for registration or transfer of registration under section 24 or 25 no later than the second day following the publication of proclamation referred to in section 38 or a notice referred to in section 39, as the case may be, in relation to that election.”.

6    New section substituted for section 32 of Cap. 2:13

The principal Act is amended by repeal of section 32 and the substitution of—

 32   Removal of duplicates

(1)  The Commission shall ensure that no person is registered as a voter more than once on the voters roll for any one polling station..

(2)  If the Commission is satisfied that a voter is registered more than once on a the voters roll for any polling station, the Commission shall remove the duplicate or multiple names of the voter so that the name of that voter appears only once, and on the appropriate polling station voters roll.

(3)  Without prejudice to section 28 (“Objections by voters”), no notice is required to be given of the Commission’s action before or after removing any duplicate or multiple names of any voter in accordance with subsection (2).”.

 

New Clause inserted after Clause 4 (Now clause 7)

 

By the Minister of Justice, Legal and Parliamentary Affairs

After clause 4 (renumbered as clause 7) on page 2 of the Bill, insert the following clause, the subsequent clauses being renumbered accordingly¾

“8  Amendment of section 49 of Cap. 2:13

Section 49 (“Withdrawal of candidate”) (5) of the principal Act is amended by the repeal of paragraph (b).”

 

NEW CLAUSES INSERTED AFTER CLAUSE 4

By Hon. Gonese:

Between lines 38 and 39 on page 2 of the Bill, to insert the following clauses, the existing clauses being renumbered accordingly:

“16  Repeal of section 37B of Cap. 2:13

Section 37B (“Commencement of delimitation of wards and constituencies”) of the principal Act is repealed.

17   Amendment of section 37C of Cap. 2:13

Section 37C (“Electoral centres”) of the principal Act is amended—

       (a)   in subsection (1) by the repeal of paragraph (e);

       (b)   in subsection (2) by the deletion of “, a district centre”;

       (c)   by the insertion after subsection (4) of the following subsection—

“(5)  The Commission shall ensure that, for at least two months after the announcement of the result of the election concerned, all returns specified in this section are kept open for inspection by members of the public at all reasonable times at—

                           (a)   the National Command Centre, where the returns are for an election to the office of President;

                          (b)   the provincial command centre of the province concerned, where the returns are for an election of party-list members of Parliament for a province or members of a provincial council;

                           (c)   the constituency centre of the constituency concerned, where the returns are for an election of a member of the National Assembly for a constituency;

                          (d)   the ward centre of the ward concerned, where the returns are for an election of a councillor for a ward.”.

18   Amendment of section 40B of Cap. 2:13

Section 40B (“Functions of Commission with respect to voter education”) of the principal Act is amended in subsection (1) by the repeal of paragraph (c).

19   New section substituted for sections 40C and 40D of Cap. 2:13

Sections 40C (“Voter education by persons other than the Commission or political parties”) and 40D (Provision of voter education by Commission”) of the principal Act are repealed and the following section is substituted—

40C  Provision of voter education by Commission

“(1)  The Commission shall provide programmes of voter education to ensure that, so far as practicable, voters understand electoral procedures and the ways in which they may exercise their right to vote.

(2)  The Government shall give the Commission whatever assistance it may require in providing programmes referred to in subsection (1).

(3)  Subsection (1) shall not be construed as preventing persons other than the Commission from providing voter education in accordance with this Part.”.

20   Amendment of section 40E of Cap. 12:13

Section 40E (“Commission to monitor voter education by other persons”) of the principal Act is amended—

       (a)   by the repeal of subsection (1) and the substitution of—

“(1)  The Commission shall—

                           (a)   encourage persons and organisations in Zimbabwe to provide courses and programmes of voter education reaching as many voters as possible;  and

                          (b)   monitor courses and programmes of voter education provided by other persons in order to ensure that they are adequate, accurate and fairly balanced.”;

       (b)   in subsection (3) by the insertion of the following proviso—

Provided that, if the Commission believes on reasonable grounds that delay in giving a direction under subsection (1) will prejudice the efficiency or fairness of any election, the Commission may give the directive and then afford the person concerned an adequate opportunity to make representations as to why the direction should be rescinded.”.

21   Repeal of section 40F of Cap. 2:13

Section 40F (“Foreign contributions or donations for the purpose of voter education”) of the principal Act is repealed.

22   Amendment of section 40G of Cap. 2:13

Section 40G (“Functions of accredited observers”) of the principal Act is amended—

       (a)   in subsection (1) by the repeal of paragraph (a) and the substitution of—

               “(a)   to observe the entire electoral process, including the registration of voters, the preparation and maintenance of voters rolls, preparations made for elections, the conduct of polling, the counting of votes and the declaration of results;”;

       (b)   by the repeal of subsection (2) and the substitution of—

“(2)  The Minister, the Commission and all electoral officers shall take whatever steps are needed to ensure that—

                           (a)   accredited observers are provided with all facilities and information they may reasonably require;  and

                          (b)   generally, are able to exercise their functions under subsection (1).”.

23   Amendment of section 40H of Cap. 2:13

Section 40H (“Observers Accreditation Committee”) of the principal Act is amended by the repeal of subsection (1) and the substitution of—

“(1)  The Commission shall establish a committee, to be called the Observers Accreditation Committee, consisting of—

                 (a)   the chairperson of the Commission, who shall be the chairperson of the committee;  and

                 (b)   the deputy chairperson of the Commission;  and

                 (c)   three Commissioners appointed by the Commission;  and

                 (d)   three other members appointed by the Commission after consultation with the Minister and the Ministers responsible for foreign affairs and immigration.”.

24   Amendment of section 40I of Cap. 2:13

Section 40I (“Accreditation of observers”) of the principal Act is amended—

       (a)   by the repeal of subsections (1) and (1a) and the substitution of—

“(1)  An application for the accreditation of an observer may be made at any time before the election that is to be observed, but not later than the fourth day before the first day of polling in the election.

(1a)  An application for accreditation as an observer shall be made—

                           (a)   in the case of observers who propose to exercise their functions nationally or in more than one province, directly to the Commission;

                          (b)   in the case of observers who proposed to exercise their functions within one province, to the Commission through the provincial elections officer of the province concerned.

(1b)  An application for the accreditation of an observer may be made by the person who wishes to be accredited or by any other person on his or her behalf.”;

       (b)   by the repeal of subsection (4);

       (c)   by the insertion after subsection (5) of the following subsection—

“(5a)  When considering applications for the accreditation of observers, and when fixing accreditation fees, the Commission shall bear in mind the need for all stages of elections to be observed by as many independent persons and organisations as possible to ensure that the elections are peaceful, free and fair and conducted in accordance with the Constitution and this Act.”.

25   Amendment of section 40J of Cap. 2:13

Section 40J (“Limitation on number of observers”) of the principal Act is amended by the insertion of the following subsection, the existing section becoming subsection (1)—

“(2)  When prescribing the number of observers for the purposes of subsection (1), the Commission shall bear in mind the need for polling and the counting and collation of votes to be observed by as many independent persons and organisations as possible to ensure that elections are peaceful, free and fair and conducted in accordance with the Constitution and this Act.”.

26   New section inserted in Part IXB of Cap. 2:13

Part IXB of the principal Act is amended by the insertion after section 40J of the following section—

40K  Monitoring of elections by Zimbabwe Human Rights Commission

“(1)  In this section—

“Zimbabwe Human Rights Commission means the Commission of that name established by section 242 of the Constitution.

(2)   The Zimbabwe Human Rights Commission, through agents accredited under this section, may monitor any election and electoral process in order to ensure observance of the human rights and freedoms guaranteed by the Constitution.

(3)   In order to secure the accreditation of its agents for the purpose of subsection (2), the Zimbabwe Human Rights Commission shall notify the Commission, in writing, of—

                 (a)   the names and identification particulars of the persons whom it wishes to be accredited as its agents;  and

                 (b)   the election or electoral process which it wishes to monitor;

and the Commission shall without delay provide those persons with an accreditation certificate specifying that they are accredited as agents of the Zimbabwe Human Rights Commission.

(4)   Persons accredited as agents of the Zimbabwe Human Rights Commission under this section shall be entitled to do all the things that accredited observers may do in terms of this Act.

(5)   Before issuing any report on an election or electoral process it has monitored in terms of this section, the Zimbabwe Human Rights Commission shall provide the Commission with a draft of the report and shall pay due regard to any comments the Commission may make on the draft.”.

27   Amendment of section 51 of Cap. 2:13

Section 51 (“Polling stations”) of the principal Act is amended—

       (a)   by the repeal of subsection (1) and the substitution of—

“(1)  Subject to this section the Commission, after consultation with all interested parties, shall—

                           (a)   establish, in each constituency and ward, as many polling stations as it considers necessary or convenient for taking a poll of the voters in that constituency or ward;  and

                          (b)   determine the area to be served by each such polling station.”;

       (b)   by the repeal of subsection (2).

28   Amendment of section 52 of Cap. 2:13

Section 52 (“Provision of requisites and officers for purposes of poll”) of the principal Act is amended by the repeal of subsection (1) and the substitution of the following subsections—

“(1)  For any election the Commission shall—

                 (a)   ensure that every polling station is provided with the polling station voters roll as well as sufficient staff, polling booths or voting compartments, ballot boxes, ballot papers, instruments for marking ballot papers with the official mark, seals, and everything else necessary for the poll;  and

                 (b)   do everything else that the Commission considers necessary or desirable for effective conduct of the election.

(2)   The expenditure incurred by the Commission in complying with subsection (1) shall be paid out of the Commission’s funds or, if those funds are insufficient for the purpose, from the Consolidated Revenue Fund.”.

29   New section substituted for section 52A of Cap. 2:13

Section 52A (“Publication of details re ballot papers”) of the principal Act is repealed and the following section is substituted—

52A  Number of ballot papers and publication of details regarding them

“(1)  The Commission shall ensure that the number of ballot papers printed for any election does not exceed by more than ten per centum the number of registered voters eligible to vote in the election.

(2)  The Commission shall without delay provide the following information, in writing, to all observers accredited to observe an election and to all political parties and candidates contesting the election—

                 (a)   where and by whom the ballot papers for the election have been or are being printed;  and

                 (b)   the total number of ballot papers that have been printed for the election;  and

                 (c)   the number of ballot papers that have been distributed to each polling station in the election.”.

30   Amendment of section 55 of Cap. 2:13

Section 55 (“Conduct of poll”) of the principal Act is amended—

       (a)   in subsection (1) by the deletion of “Subject to subsection (7), the” and the substitution of “The”;

       (b)   in subsection (2) by the repeal of subparagraph (b)(iiia) and the substitution of—

                      “(iiia)   police officers called into the polling station in terms of subsection (6);  and”;

       (c)   by the repeal of subsection (7a).”.

 

 

 

CLAUSE 5

By Hon. Gonese:

Between lines 39 and 41 on page 2 of the Bill, to delete the clause and to substitute the following clauses:

“31  Amendment of section 56 of Cap. 2:13

Section 56 (“Entitlement to vote, number of votes and identification of voters”) of the principal Act is amended—

       (a)   by the repeal of subsection (1) and the substitution of the following subsections—

“(1)  At a general election, every voter registered on a polling station voters roll shall be entitled to vote at that polling station for—

                           (a)   a presidential candidate;  and

                          (b)   one of the candidates who have been duly nominated for election as a constituency member in the constituency in which the polling station is situated;  and

                           (c)   one of the candidates who have been duly nominated for election as a councillor for the ward in which the polling station is situated.

(1a)  At a by-election, every voter registered on a polling station voters roll shall be entitled to vote at that polling station for one of the candidates—

                           (a)   who have been duly nominated for election as a constituency member in the constituency in which the polling station is situated;  or

                          (b)   who have been duly nominated for election as councillor for the ward in which the polling station is situated;

as the case may be.

(1b) At any election—

                           (a)   except as provided in Part XIV (“Postal Voting”), a voter shall not be entitled to vote anywhere other than at the polling station on whose roll he or she is registered;

                          (b)   subject to sections 57 and 58, a voter shall not be entitled to vote more than once for a presidential candidate or for a candidate who has been duly nominated for the constituency or ward in which the polling station is situated.”;

       (b)   in subsection (3) by the deletion of “shall hand the applicant a ballot paper” and the substitution of “, subject to subsection (3a), shall hand the applicant a ballot paper”;

       (c)   by the insertion after subsection (3) of the following subsection—

“(3a)  If polling in two or more elections is being conducted simultaneously at the polling station and an applicant declines to accept a ballot paper for any one or more of those elections, the presiding officer shall not hand the applicant a ballot paper for that election and shall record, in such manner as may be prescribed or directed by the Commission, that the applicant did not receive the ballot paper.”.

32   Amendment of section 59 of Cap. 2:13

Section 59 (“Voting by illiterate or physically handicapped voters”) of the principal Act is amended—

       (a)   in subsection (1)—

                  (i)   by the deletion of “a voter who is” and the substitution of “a voter whose entry in the voters roll is annotated to indicate that he or she is”;

                 (ii)   in paragraph (b) by the deletion of “and a police officer on duty”;

       (b)   in subsection (5) by the repeal of the proviso to paragraph (a).

33   New section substituted for section 61 of Cap. 2:13

Section 61 (“Procedure at close of poll”) of the principal Act is repealed and the following is substituted—

61  Procedure at close of poll

“Immediately after the close of the poll and in the presence of such candidates, election agents and observers as are present, the presiding officer shall—

                 (a)   if any postal ballot envelopes have been received at the polling station—

                           (i)   open the sealed envelope or container in which the postal ballot envelopes were received, count and record the number of postal ballot envelopes received and compare the number with the number specified in the accompanying note or notes sent by the constituency registration officer in terms of section 76(5);  and

                          (ii)   if there is any discrepancy in the numbers referred to in subparagraph (i), inform the candidates, election agents and observers of the discrepancy;  and

                         (iii)   check the names of the voters against the polling station voters roll and—

                                     A.   if the voter’s name does not appear on the roll, or if the roll has been marked to indicate that the voter has cast a vote at the polling station, record that fact on the envelope and place it, unopened, in an envelope to be placed in the envelope containing rejected ballot papers;

                                     B.   if the voter’s name appears on the roll and the voter has apparently not cast a vote at the polling station, record on the roll that the voter has voted by post;

                                  and

                         (iv)   open the postal ballot envelopes and, without revealing the candidates for whom the voters have voted, insert the ballot papers in the appropriate ballot boxes;

                         and

                 (b)   close and seal the apertures in the ballot boxes;  and

                 (c)   make up into separate packets sealed with his or her seal and with the seals of any candidates and election agents who wish to affix their seals—

                           (i)   the unused and spoilt ballot papers and the counterfoils of the unused ballot papers placed together;

                          (ii)   the counterfoils of the used ballot papers, including the counterfoils of the spoilt ballot papers;

                         (iii)   the register of assisted voters.”.

34   Amendment of section 64 of Cap. 2:13

Section 64 (“Procedure after counting at polling station”) of the principal Act is amended in subsection (1) by the insertion in paragraph (b) after subparagraph (iii) of the following subparagraph—

    “(iv)   the opened postal ballot envelopes;”.

35   Amendment of section 65 of Cap. 2:13

Section 65 (“Procedure on receipt of polling-station returns at ward centre”) of the principal Act is amended by the repeal of subsections (4) and (5).

36   Amendment of section 67A of Cap. 2:13

Section 67A (“Recounting of votes”) of the principal Act is amended—

       (a)   in subsection (2) by the repeal of paragraph (b) and the substitution of—

               “(b)   if reasonably possible, state the number of votes believed to have been miscounted and how the miscount may have occurred;  and”;

       (b)   in subsection (4) by the insertion after “election” of “in that, had the votes been counted correctly, a different candidate would have been declared duly elected”.

37   Amendment of section 70 of Cap. 2:13

Section 70 (“Custody and disposal of ballot and other papers”) of the principal Act is amended—

       (a)   in subsection (1)—

                  (i)   by the deletion of “A constituency” and the substitution of “Except as otherwise provided in this Act, a constituency or ward”;

                 (ii)   in paragraphs (a) and (c) by the insertion after “section 64(1)(a) and (b)” of “or section 65A”;

       (b)   in subsection (2) by the deletion of “Chief Elections Officer” and the substitution of “Commission”;

       (c)   by the repeal of subsections (3) and (4) and the substitution of—

“(3)  The Commission shall cause the contents of all the packets referred to in subsection (1) to be destroyed not earlier than the fourteenth day after the end of the election period in the election to which they relate:

Provided that, if an election petition is lodged in relation to the constituency or ward concerned, or if the Electoral Court orders that any of the packets be opened or their contents examined, the Commission shall retain them for six months and then, unless otherwise directed by the Electoral Court, shall cause them to be destroyed.

(4)  No person shall open any sealed ballot box or packet referred to in subsection (1), or permit any such ballot box or packet to be opened, except—

                           (a)   for the purposes of a recount of votes in terms of section 67A;  or

                          (b)   in terms of an order of the Electoral Court, which order may be given on the Court’s being satisfied that the contents of the ballot box or packet need to be produced or inspected for the purpose of an election petition or investigating or prosecuting an offence in relation to an election or return.”;

       (d)   in subsection (5) by the insertion after “invalid” of “, unless such discovery is necessary to determine whether or not the vote was valid”;

       (e)   by the repeal of subsection (6) and the substitution of—

“(6)  Every person who carries out an order of the Electoral Court referred to in subsection (4) shall comply with any conditions made in terms of the proviso to subsection (5).”;

       (f)   by the repeal of subsection (7) and the substitution of—

“(7)  Where a court orders the Commission or an employee of the Commission to produce any document which is in the possession of the Commission and relates to a specified election, production of the document in accordance with the order shall be prima facie proof that the document relates to that election, and any endorsement appearing on a packet of ballot papers so produced shall be prima facie evidence that the papers are what they are stated to be by the endorsement.”.

38   New sections substituted for sections 72 and 73 of Cap. 2:13

Sections 72 (“Persons who may vote by post”) and 73 (“Application for postal vote”) of the principal Act are repealed and the following are substituted—

72   Persons who may vote by post

“(1)  In subsection (2)—

“essential service” includes—

                           (a)   any hospital or medical service;

                          (b)   any transport service;

                           (c)   any service relating to the generation, supply or distribution of electricity;

                          (d)   any service relating to the supply or distribution of water;

                           (e)   any sewerage or sanitary service;

                           (f)   any service relating to the production, supply, delivery or distribution of food, fuel or coal;

                          (g)   any fire brigade;

                          (h)   communications;

(2)  Where an election is to be held in a constituency or ward, a person who is registered as a voter on the roll for that constituency or ward shall be entitled to vote by post in terms of this Part if, on all polling days in the election, he or she will be unable to vote at a polling station in the constituency or ward because he or she—

                 (a)   will not be, or is likely not to be, in the constituency or ward;  or

                 (b)   will be, or is likely to be, employed on an essential service;  or

                 (c)   will be, or is likely to be, on duty as a member of a disciplined force or as an electoral officer;  or

                 (d)   will be, or is likely to be, a patient in a hospital, clinic or similar place;  or

                 (e)   will be detained in prison;  or

                 (f)   is a person living with a disability;

or for any other reason that may be prescribed.

73   Application for postal vote

(1)  A person who wishes to vote by post may apply to the Commission for a postal ballot paper in accordance with this section.

(2)  An application for a postal ballot paper shall be—

                 (a)   in the prescribed form;  and

                 (b)   signed by the applicant and accompanied by such documents as may be prescribed;  and

                 (c)   delivered or sent so as to reach the Commission not later than the fourteenth day after nomination day in the election concerned.

(3)  Where more than one election is to be held concurrently in a constituency or ward, a single application form may be used by applicants who apply for postal ballot papers in all those elections.

(4)  The Commission shall ensure that application forms for postal ballot papers are available at all offices of the Commission in Zimbabwe and at all embassies and diplomatic or consular missions of Zimbabwe located in foreign countries.

(5)  The Commission shall ensure that all applications for postal ballots received by it are numbered in consecutive order of receipt, and shall permit them to be inspected by members of the public, free of charge, until the declaration of the result of the poll, when they shall be dealt with in terms of section 70(3).”.

39   Amendment of section 74 of Cap. 2:13

Section 74 (“Issue of postal ballot papers”) of the principal Act is amended—

       (a)   in subsection (1) by the repeal of paragraph (c) and the substitution of—

               “(c)   a smaller envelope marked “Ballot Paper Envelope” on the back of which shall be written the name of the voter, his or her voter registration number, the constituency and ward in which he or she is entitled to vote, and the address of the polling station on whose roll he or she is registered;  and”;

       (b)   in subsection (3) by the deletion from paragraph (c) of “the Ministry” and the substitution of “where the applicant is in the service of the Government outside Zimbabwe, the Ministry”;

       (c)   in subsection (4) by the repeal of paragraph (c) and the substitution of—

               “(c)   the constituency and ward in which the person is entitled to vote, and the address of the polling station on whose roll he or she is registered;”.

40   Amendment of section 76 of Cap. 2:13

Section 76 (“Distribution of postal ballots by Chief Elections Officer and ward elections officers”) of the principal Act is amended—

       (a)   by the repeal of subsections (5) and (6) and the substitution of—

“(5)  Upon receipt of the ballot paper envelopes dispatched in terms of subsection (4), the constituency elections officer shall distribute them to the presiding officers of the polling stations that are indicated on the back of the envelopes, and at the same time shall provide each presiding officer with a note indicating the number of envelopes being sent to him or her.

(6)   The constituency elections officer shall ensure that presiding officers receive the ballot paper envelopes in terms of subsection (5) when they receive the ordinary ballot papers for the election, and in any event no later than the day before polling day or the first polling day, as the case may be, in the election concerned.”.

41   Repeal of sections 77, 78 and 79 of Cap. 2:13

Sections 77 (“Postal ballot boxes”), 78 (“Opening of postal ballot boxes”) and 79 (“Safe-keeping of documents”) of the principal Act are repealed.

42   New sections substituted for sections 109 and 110 Cap. 2:13

Sections 109 (“Procedure after nomination day in election to office of President”) and 110 (“Determination and declaration of result of election to office of President”) of the principal Act are repealed and the following sections are substituted—

“109  Procedure where one candidate nominated for election as President

(1)    Where at the close of sitting of the nomination court only one candidate has been validly nominated for election as President, the nomination officer shall report that fact to the Commission, and the chairperson of the Commission shall thereupon declare the candidate to be duly elected as President of Zimbabwe without the necessity of a poll.

(2)  If the chairperson of the Commission is for any reason unable to declare a person to be duly elected in terms of subsection (1), the declaration shall be made by the deputy chairperson or, if he or she is for any reason unavailable, by any other Commissioner designated for the purpose by the chairperson or deputy chairperson of the Commission.

(3)  A person declared elected as President of Zimbabwe in terms of subsection (1) shall assume office in accordance with section 94 of the Constitution, upon taking the oath of President on the ninth day after the declaration:

Provided that, if a petition challenging the validity of his or her election has been filed with the Constitutional Court—

                 (a)   the person shall assume office upon taking the oath of President within forty-eight hours after the Constitutional Court has declared him or her to have been duly elected;  or

                 (b)   in the event that the Constitutional Court sets aside the declaration or declares an additional candidate to have been duly nominated for election to the office of President, the Commission shall publish notice of that fact in the Gazette and a poll shall be taken in each constituency in accordance with section 110.”.

110  Procedure where more than one candidate nominated for election as President

(1)  Where at the close of sitting of the nomination court two or more candidates have been validly nominated for election as President, the nomination officer shall report that fact to the Commission, and a poll for the election of a President shall be taken in each constituency in accordance with this Act.

(2)  As soon as possible after receiving a report in terms of subsection (1), the Commission shall—

                 (a)   by notice published in the Gazette, notify—

                           (i)   the names of the candidates in alphabetical order of surnames;  and

                          (ii)   the polling day or days;

                         and

                 (b)   notify by such means as the Commission thinks fit the situation of and the hours specified for the opening and closing of each polling station in each constituency.

110A  Election for office of President and determination of result

(1)  Subject to this Part, Parts XIII, XIV and XV shall apply, with any necessary changes, to an election to the office of President, any references to a constituency centre or a constituency elections officer being construed as references to a presidential constituency centre or a presidential constituency elections officer respectively.

(2)  Polling station returns in a presidential election, and the ensuing presidential election ward centre returns, presidential constituency returns and provincial returns for the presidential election, shall be collated and transmitted in accordance with section 37C (“Electoral centres”).

(3)  When the provincial returns for a presidential election have been verified and collated and a return reflecting the final result of the election drawn up in terms of section 37C (“Electoral centres”), the Chairperson of the Commission, or in his or her absence the Deputy Chairperson or a commissioner designated by the Commission, shall—

                 (a)   where there are two candidates, declare the candidate who has received the greater number of valid votes in the election to be duly elected as President of Zimbabwe;

                 (b)   where there are more than two candidates, declare the candidate who has received more than half the valid votes in the election to be duly elected as President of Zimbabwe:

                                Provided that, if no candidate has received more than half the valid votes, he or she shall declare that a run-off presidential election will be held on the date fixed by the President in terms of section 38(1)(a)(iii), that is to say a date not less than twenty-eight nor more than forty-two days after the polling day or last polling day, as the case may be, in the original election, or on such later date as the Electoral Court, on application by the Commission, may fix.

(4)  Where a run-off presidential election is required to be held—

                 (a)   only the two candidates who received the highest and next-highest number of valid votes cast in the previous election shall be eligible to contest the election;  and

                 (b)   the election shall be held in accordance with this Act or, to the extent that any situation arises that may be peculiar to the election, in the manner prescribed;

                 (c)   after the provincial returns for the election have been verified and collated and a return reflecting the final result of the election drawn up in terms of section 37C (“Electoral centres”), the Chairperson of the Commission, or in his or her absence the Deputy Chairperson or a commissioner designated by the Commission, shall declare the candidate who has received the greater number of valid votes in the election to be duly elected as President of Zimbabwe:

                                Provided that, if the two candidates receive an equal number of valid votes, the Senate and the National Assembly shall meet together as an electoral college as soon as practicable after the declaration of the result of the election and elect one of the two candidates as President by secret ballot and without prior debate.

(5)  If a declaration of the result of a presidential election or run-off presidential election has not been made in terms of subsection (3) or (4) within five days—

                 (a)   after the polling day or the last polling day, as the case may be, in the election concerned;  or

                 (b)   where a recount has been ordered in terms of section 67A, after the completion of the recount;

the Electoral Court, on the application of any interested person, may direct the Commission to declare the result of the election by such date as the Court may specify.

(6)  As soon as possible after declaring the result of an election in terms of subsection (3) or (4), the Commission shall cause notice of the result to be published in the Gazette and in such other manner as the Commission considers will give sufficient publicity to the result, which notice shall specify the full name of the person, if any, declared elected as President of Zimbabwe.

(7)  A person declared elected as President of Zimbabwe shall assume office in terms of section 94 of the Constitution upon taking the oath of President on the ninth day after the declaration or, in the event of a challenge to the validity of the election, within forty-eight hours after the Constitutional Court has declared him or her to be the winner of the election.”.

43   Amendment of section 133A of Cap. 2:13

Section 133A (“Meaning of ‘intimidation’”) of the principal Act is amended by the insertion after paragraph (d) of the following paragraph—

   “(d1)   persuading or attempting to persuade another person that he or she can or will be able to discover for whom that other person cast his or her vote in an election;  or”.

44   Amendment of section 133H of Cap. 2:13

Section 133H (“Appointment and functions of special police liaison officer and Special Investigation Committee”) of the principal Act is amended—

       (a)   in subsection (1)—

                  (i)   by the deletion of “Zimbabwe Human Rights” where it appears for the first time;

                 (ii)   by the deletion of “, the Commission or the Zimbabwe Human Rights” and the substitution of “or the”;

       (b)   by the repeal of subsection (2) and the substitution of—

“(2)  To assist each special police liaison officer, the Commission shall establish a Special Investigation Committee for each provincial centre, consisting of—

                           (a)   a member of the Commission’s staff, appointed by the Commission, who shall be the chairperson of the Committee;  and

                          (b)   the special police liaison officer;  and

                           (c)   two representatives of each political party contesting the election, who shall be selected by the party concerned:

                                         Provided that an independent candidate contesting a presidential election shall be entitled to select two representatives to represent him or her on the Committee.”;

       (c)   in subsection (4) by the deletion of “, whether through the police, a multiparty liaison committee, the Commission or the Zimbabwe Human Rights Commission or otherwise,” and the substitution of “, from whatever source,”.

45   Amendment of section 133J of Cap. 2:13

Section 133J (“Investigations, prosecutions and trials of cases of politically-motivated violence and intimidation”) of the principal Act is amended—

       (a)   in subsection (1) by the deletion of “Zimbabwe Human Rights”;

       (b)   in subsection (2) by the deletion of “, the Commission or the Zimbabwe Human Rights Commission” and the substitution of “or the Commission”.

46   New section inserted in Part XX of Cap. 2:13

Part XX (“Illegal Practices and Other Offences”) of the principal Act is amended by the insertion after section 154 of the following section—

154A  Prohibited political conduct during polling period

“(1)  During the period from midnight twenty-four hours before polling day or the first polling day, as the case may be, in any election until polling stations are closed in that election, no political party or candidate or person acting or purporting to act on behalf of a political party or candidate shall, within any constituency or ward in which the election is being or is to be held—

                 (a)   convene or hold a public meeting or public gathering of any kind;  or

                 (b)   publish or cause or permit to be published any advertisement or statement promoting or opposing a political party or candidate contesting the election;  or

                 (c)   disrupt the work of an electoral officer at a polling station or counting centre;  or

                 (d)   campaign or display campaign material within two hundred metres of a polling station or counting centre.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.”.

47   Repeal of sections 155 and 156 of Cap. 2:13

Sections 155 (“When election void owing to corrupt or illegal practices”) and 156 (“When election not void”) of the principal Act are repealed.

48   New section substituted for section 157 of Cap. 2:13

Section 157 (“When Electoral Court may hold certain acts or omissions to be exempt from provisions of this Act”) of the principal Act is repealed and the following is substituted—

157  Electoral Court may disqualify persons responsible for electoral malpractices

(1)  If a person who is or was—

                 (a)   a candidate in an election;  or

                 (b)   an election agent of a candidate in an election;  or

                 (c)   an office-bearer or member of a political party contesting an election;

is convicted by any court of an offence that constitutes an electoral malpractice, any of the following persons, namely—

                  (i)   the Commission;  or

                 (ii)   the Prosecutor-General;  or

                (iii)   any person acting in the public interest;

may apply to the Electoral Court for a disqualification order in terms of subsection (2).

(2)  Subject to subsection (3), if the Electoral Court is satisfied in an application under subsection (1) that the person against whom a disqualification order is sought was duly convicted of an offence which constitutes an electoral malpractice, the Court may order that, for a period not exceeding five years from the date of the order, the person shall be disqualified from any one or more of the following—

                 (a)   being registered as a voter;

                 (b)   voting at an election to which this Act applies;

                 (c)   standing as a candidate in an election to which this Act applies;

                 (d)   filling any public office, other than a public office the tenure of which is governed exclusively by the Constitution.

(3)  The Electoral Court shall not make a disqualification order in terms of subsection (2) if the Court is satisfied that the conduct which gave rise to the application was done or omitted to be done, as the case may be, in good faith through inadvertence or accidental miscalculation or for some other reasonable cause.

(4)  If a person against whom a disqualification order has been made in terms of subsection (2) holds any public office covered by the order, he or she shall cease to hold the office, and the office shall become vacant from the date of the order.

(5)  Any person who is the subject of a disqualification order in terms of subsection (2) and who does or attempts to do anything in contravention of the order shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.”.

49   New Part substituted for Part XXII of Cap. 2:13

Part XXII (“Establishment, Composition and Rules of Electoral Court”) of the principal Act is repealed and the following Part is substituted—

“Part XXII

Electoral Court

161  Establishment and jurisdiction of Electoral Division of High Court

(1)  There is hereby established a Division of the High Court, to be known as the Electoral Court, which shall have jurisdiction—

                 (a)   to hear appeals, applications and petitions in terms of this Act;  and

                 (b)   to hear any other matters relating to elections, including criminal cases arising out of elections;  and

                 (c)   to review any decision of the Commission or any other person made or purporting to have been made under this Act.

(2)  Subsection (1) shall not preclude courts other than the Electoral Court from hearing—

                 (a)   criminal cases arising out of elections;  or

                 (b)   any other electoral matters which this Act or any other enactment specifically requires or permits such courts to hear.

(3)  The Electoral Court may exercise the general jurisdiction of the High Court in any matter that is brought before it.

(4)  The Judge President of the High Court shall appoint such number of judges to the Electoral Court in terms of section 46A of the High Court Act [Chapter 7:06] as to ensure that judges are available at all times to hear promptly matters coming before the Electoral Court.

(5)  The jurisdiction of the Electoral Court may be exercised by a judge sitting alone or with two assessors appointed in terms of section 163.

162  Assessors

(1)  The Chief Justice and the Judge President shall prepare a list of the names of at least ten persons who have knowledge or experience to act as assessors in matters before the Electoral Court, and who are otherwise suitable for appointment as such.

(2)  The Registrar of the High Court shall, when so directed by a judge of the Electoral Court, choose as assessors at the trial of an election petition or other matter two persons whose names appear on a list prepared in terms of subsection (1).

(3)  Before an assessor enters upon his duties for the first time, he or she shall take an oath before the Judge of the Electoral Court that he or she will faithfully perform his or her duties as a member of the Electoral Court.

(4)  An assessor shall act in an advisory capacity only and shall not be entitled to a vote in the decision of the Electoral Court.

163  Sittings of Electoral Court

The Chief Justice in terms of section 47of the High Court Act [Chapter 7:06] shall ensure that—

                 (a)   for the purposes of a by-election, the Electoral Court sits within or as near as is reasonably possible to the constituency where the by-election is held;

                 (b)   for the purposes of a general election, the Electoral Court sits at as many places throughout Zimbabwe as is practicable.

164  Application of High Court Act to Electoral Court

Subject to this Act, the High Court Act [Chapter 7:06] shall apply to the Electoral Court as if it had been established in terms of section 46A of that Act.”.

50   New sections substituted for sections 167 to 170 of Cap. 2:13

Sections 167 (“Who may present election petition”), 168 (“Provisions governing election petitions”), 169 (“Notice of election petition to be served on respondent”) and 170 (“Respondent may object to security provided”) of the principal Act are repealed and the following are substituted—

167  Who may file election petition

“(1)  An election petition may be filed in the Electoral Court by—

                 (a)   any candidate at an election that is the subject of the petition;  or

                 (b)   any political party that contested an election that is the subject of the petition, or any office-bearer of such a party;  or

                 (c)   the Commission;  or

                 (d)   any other person who can demonstrate a substantial and particular interest in the outcome of an election that is the subject of the petition.

(2)  An applicant may file an election petition in respect of more than one election, where substantially the same grounds are relied on for setting aside the elections.

168  Filing and service of election petition

(1)  An election petition shall be filed with the Registrar of the High Court in the same way as a court application, within fourteen days after the end of the election period to which it relates:

Provided that, if the petition alleges an illegal practice which continued or was completed after the end of the election period, the petition may be filed within thirty days after the completion of the illegal practice.

(2)  The Electoral Court, on good cause shown, may extend the period within which an election petition shall be filed.

(3)  Before or as soon as possible after an election petition was filed with the Registrar of the High Court, a copy of it and of all its supporting documents shall be served on the respondent in accordance with rules of court relating to the service of applications.

51   Amendment of section 171 of Cap. 2:13

Section 171 (“Provisions as to trial of election petition”) of the principal Act is amended—

       (a)   by the insertion after subsection (1) of the following subsection—

“(1a)  If on the trial of an election petition a dispute of fact arises that cannot be resolved on the papers, the Court shall attempt to resolve the dispute by the hearing of oral evidence without referring the matter for trial as an action, and for that purpose the Court—

                           (a)   may permit the parties to call and examine witnesses;  and

                          (b)   may itself call and examine witnesses;

whether or not the witnesses have deposed to affidavits filed in the proceedings.”;

       (b)   in subsection (2) by the deletion from paragraph (a) of “by the respondent or anyone on behalf of the respondent”;

       (c)   by the insertion after subsection (2) of the following subsection—

“(2a)  In the hearing and determination of an election petition, the Electoral Court shall resolve the real issues raised by the petition or appearing from the evidence and, while observing the rules of fairness and natural justice, shall not allow technicalities to prevent the resolution of those issues.”;

       (d)   in subsection (6) by the deletion of “by the President of the Senate or the Speaker, as the case may be, to Parliament” and the substitution of “to the Senate by the President of the Senate or to the National Assembly by the Speaker, as the case may be”;

       (e)   by the insertion after subsection (8) of the following subsection—

“(9)  Except as otherwise provided in this Act, the procedure to be followed in regard to election petitions, including—

                           (a)   the provision of security for costs;  and

                          (b)   the court’s power to condone late filing;

shall be the procedure applicable to court applications in the High Court.”.

52   New sections substituted for section 172 of Cap. 2:13

Section 172 (“Appeal from decisions of Electoral Court”) of the principal Act is repealed and the following sections are substituted—

172  When Electoral Court must declare election void

“(1)  Subject to this Act, if after hearing an election petition the Electoral Court finds, on a balance of probabilities, that—

                 (a)   an electoral malpractice or irregularity occurred and that the malpractice or irregularity materially affected the outcome of the election in that had it not occurred a different candidate would have been declared duly elected;  or

                 (b)   the election was not conducted in compliance with the principles laid down in the Constitution or this Act, and the non-compliance materially affected the outcome of the election in that had it not occurred a different candidate would have been declared duly elected;  or

                 (c)   the candidate who was declared elected was disqualified for election or lacked one or more qualifications needed for election;

the Electoral Court shall declare the election to be void, and a fresh election shall thereupon be held in accordance with this Act.

(2)  The Electoral Court shall exercise its power under subsection (1) even if the grounds for its finding were not specifically raised by the petitioner:

Provided that before doing so the Electoral Court shall afford the respondent an adequate opportunity to respond to those grounds.

172A  Appeal from decision of Electoral Court

An appeal shall lie to the Supreme Court in accordance with section 43 of the High Court Act [Chapter 7:06] from a decision of the Electoral Court on an election petition.

172B  Time within which election petitions and appeals must be determined

(1)  Every election petition shall be determined within six months from the date on which it was filed.

(2)  Every appeal from a decision of the Electoral Court on an election petition shall be determined within three months from the date on which it was noted.

(3)  For the purpose of ensuring that an election petition or an appeal is determined within the time-limit prescribed in subsection (1) or (2), as the case may be—

                 (a)   the Judge President of the High Court or the presiding judge of the Electoral Court, in the case of an electoral petition;

                 (b)   the Chief Justice or the senior presiding judge of the Supreme Court, in the case of an appeal from a decision on an election petition;

may, notwithstanding any other enactment, give such directions as to the filing of document and the hearing of evidence and argument as will, in his or her opinion, ensure that the time-limit is met, and the parties shall comply with those directions.

(4)  If a decision on an election petition or an appeal from such decision is not delivered within the time-limit specified in subsection (1) or (2), as the case may be—

                 (a)   no legal practitioner who represented a party to the petition or appeal shall be entitled to a fee from that party and, if he or she has received any amount by way of a fee, he or she shall refund it to the party;

                 (b)   the court shall order every legal practitioner who, in the court’s opinion, was responsible for delaying the decision, to pay the costs of the proceedings or such portion of the costs as the court thinks appropriate;  and

                 (c)   the remuneration, allowances and benefits of the judge or judges who presided over the petition or appeal shall be withheld until a decision is delivered.

(5)  Subject to subsection (4), a decision in an election petition or appeal shall be valid even if it is delivered after the time-limit specified in subsection (1) or (2).”.

53   Repeal of section 177 of Cap. 2:13

Section 177 (“When non-compliance with this Act invalidates election”) of the principal Act is repealed.

54   Repeal of sections 181 and 182 of Cap. 2:13

Section 181 (“Costs of election petition”) and 182 (“time within which election petition to be determined”) of the principal Act are repealed.

55   New section substituted for section 190 of Cap. 2:13

Section 190 (“Complaints to Commission”) of the principal Act is repealed and the following is substituted—

190  Complaints to Commission

“(1)  Any claimant or other person aggrieved by a decision of a voter registration officer or other employee of the Commission under section 24 may lodge a written complaint with the Commission in the prescribed time and manner.

(2)  Upon receiving a complaint in terms of subsection (2), the Commission shall, if it considers the complaint to be justified, order the voter registration officer or employee concerned to take appropriate remedial action.”.

56   Amendment of section 192 of Cap. 2:13

Section 192 (“Regulatory powers of Commission”) of the principal Act is amended—

       (a)   in subsection (2)—

                  (i)   by the insertion after paragraph (b) of the following paragraphs—

                       “(b1)   automatic, electronic and additionally, or alternatively, biometric voter registration;

                        (b2)   procedures for the registration as voters of persons who are unable to present themselves at a registration office, including hospital patients, prisoners, persons who are outside Zimbabwe, and persons with disabilities;”;

                 (ii)   by the repeal of paragraph (g1) and the substitution of—

                       “(g1)   facilities and procedures for voting by persons—

                                     (i)   with disabilities or special needs;  or

                                    (ii)   who, on any polling day in an election, are or will be unable to cast their votes at a polling station in a constituency in which they are registered as voters;”;

       (b)   by the insertion after subsection (3) of the following subsection—

“(3a)  Regulations referred to in paragraph (g1) of subsection (2) may provide for the non-application or modification of any provision of this Act for the purpose of enabling the persons referred to in that paragraph to exercise their right to vote.”;

       (c)   by the insertion after subsection (5) of the following subsections—

“(5a)     The Commission shall by regulation prescribe—

                           (a)   codes of conduct to regulate the conduct and activities of traditional leaders, civil servants and members of all disciplined forces in relation to elections;  and

                          (b)   penalties, not exceeding the penalties set out in subsection (2)(h), for contraventions of any such code of conduct.

(5b)      When preparing a code of conduct in terms of subsection (5a) for—

                           (a)   traditional leaders, the Commission shall consult the National Council of Chiefs;

                          (b)   civil servants, the Commission shall consult the Civil Service Commission;

                           (c)   members of a disciplined force, the Commission shall consult the Defence Forces Service Commission, the Police Service Commission or the Prisons and Correctional Service Commission, as the case may be.”.

       (d)   in subsection (6) by the deletion of “approved by the Minister and”.

 

New Clauses inserted after Clause 5 (Now clause 9)

 

By the Minister of Justice, Legal and Parliamentary Affairs

After clause 5 (renumbered as clause 9) on page 2 of the Bill, insert the following clauses, the subsequent clauses being renumbered accordingly¾

10  Amendment of section 59 of Cap. 2:13

Section 59 (“Voting by illiterate or physically handicapped voters”) (5) of the principal Act is amended by the repeal of the proviso to paragraph (a).”

11  Amendment of section 126 of Cap. 2:13

The principal Act is amended by repeal in section 126 (“Withdrawal of candidate”) (2)(b) of the principal Act  is amended by the repeal of subparagraph (ii).”

 

substitution of schedule to HB 6 of 2017

 

By the Minister of Justice, Legal and Parliamentary Affairs

On page 3 of the Bill, delete the Schedule and substitute it by the following¾

 

schedule (section 12)

Minor Amendments To Electoral Act [Chapter 2:13] (No. 25 of 2004)

Provision  

Extent of Amendment

Section 23(4)

By the deletion of “any constituency registrar”.

Sections 24(3) and (5), 27(3)(a) and (6), 28(3)(a) and (6), 32(2) and (3), and 33(1), (2) and (5)

By the deletion of “constituency registrar” wherever it occurs and the substitution of “voter registration officer”.

Section 24(4)

By the deletion of “the voter registration officer shall direct the appropriate constituency registrar” and the substitution of “the Commission shall direct the appropriate voter registration officer”.

Section 24(6)

By the deletion of “Registrar-General of Voters, any constituency registrar” and the substitution of “any voter registration officer ”.

Sections 27(7), 28(3)(b), 35(1) and 37(1)(b)

By the deletion of “constituency registrar” and the substitution of “voter registration officer”.

Sections 133F

By the repeal of the definition of “Special Investigation Committee”.

Sections 133H(1)

By the deletion of “,in consultation with the Zimbabwe Human Rights Commission,”.

Sections 133H

By the repeal of subsections (2), (3).and (5)

Sections 133H

By the repeal of subsection (4) and substitution of:

“(4) Where a special police liaison officer becomes aware, whether through the police, a multiparty liaison committee, the Commission or the Zimbabwe Human Rights Commission or otherwise, of any case of politically-motivated violence or intimidation within the province for which the special police liaison officer was appointed, the  special police liaison officer shall conduct the required investigations”.

Sections 133I

By the deletion of “Committee” wherever it occurs and the substitution of “special police liaison officer”

Sections 133J(1)

By the deletion of “,in consultation with the Zimbabwe Human Rights Commission,”.

 

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BILL UNDER CONSIDERATION BY THE PARLIAMENTARY LEGAL COMMITTEE

 

Zimbabwe Iron and Steel Company (Debt Assumption) Bill (H.B.2, 2018) - The Minister of Finance and Economic Development. (Referred 7th March 2018)

BLOG COMMENTS POWERED BY DISQUS
National Assembly Votes NATIONAL ASSEMBLY VOTES 22 MARCH 2018 NO 51