Weekly legal update

Update on Bills and Acts: No Bills or Acts were gazetted this week

Bill of 2008 passed but not yet gazetted as Act
Engineering Council Bill [final reading 18.01.2008]
Acts not yet in force [all awaiting fixing of date of commencement by statutory instrument]
Census and Statistics Act (No. 1/2007) [gazetted 20.07.2007]
Indigenisation and Economic Empowerment Act (No. 14 of 2007) [gazetted 07.03.2008]
Judicial Service Act (No. 10/2006) [gazetted 19.01.2007]
National Biotechnology Authority Act (No. 3/2006) [gazetted 01.09.2006]
Petroleum Act (No. 11/2006) [gazetted 09.02.2007]
Suppression of Foreign and International Terrorism Act (No. 5/2007) [gazetted 03.08.2007]

General Notices relating to Elections
Zimbabwe Electoral Commission [ZEC] official announcements
Deaths of candidates – election called off in three House of Assembly constituencies
General Notice 51/2008, gazetted in a Gazette Extraordinary on 20th March, notifies the deaths of candidates in three House of Assembly constituencies – Pelandaba-Mpopoma, Gwanda South and Redcliff. Because of the deaths the election cannot proceed in these constituencies on 29th March [section 50 of the Electoral Act]. The notice accordingly stops all election proceedings in these constituencies. By-elections to fill the three seats will be held on a later date to be fixed by Presidential proclamation in due course.

Withdrawal of candidates
General Notice 50/2008, gazetted in a Gazette Extraordinary on 20th March, notifies the withdrawal of candidates from the elections in the following constituencies;
Senatorial constituencies – Hwata, Chisipite and Chitungwiza
House of Assembly constituencies – Sunningdale and Zengeza East
In every case two or more candidates remain, so there will still be elections in all these constituencies on 29th March. The revised lists of candidates are also set out in the notice.

Amended Electoral Act
The Electoral Act was amended by the Presidential Powers (Temporary Measures) (Amendment of Electoral Act) (No. 2) Regulations [SI 43/2008] of 17th March.

The amendments [fully described in Bill Watch Special of 18th March] permit the presence of police officers in and around polling stations and require the presence of a police officer when an illiterate or incapacitated voter is assisted to cast his or her vote by a polling station presiding officer. An updated version of the Act incorporating all amendments including this latest one is available.

Amended Electoral Regulations
SI 44/2008 of 18th March amended the Electoral Regulations by setting out a revised tariff of prices for copies of voters rolls. There is a full description of the revised tariff in Bill Watch Special of 19th March. An updated version of the Electoral Regulations incorporating all amendments including this latest one is available.

Election Countdown; 4 days to go
19th February to 29th March
Accreditation for observers and journalists from 9 am to 5 pm daily, at Bulawayo Polytechnic College, Bulawayo, and Harare Polytechnic College, Harare.

Saturday 29th March
Polling day for Presidential, House of Assembly, Senate and local government elections.

31st March
Election of Chiefs to Senate;
Provincial Assemblies of Chiefs elect 16 chiefs to Senate.

Point of interest
Multi-party Liaison Committees and Electoral Code of Conduct
Section 160B of the Electoral Act requires ZEC to set up multi-party liaison committees at national, constituency and local authority level. Committee members include representatives of contesting political parties and candidates. The committees have been established. The main function of these committees is to hear and attempt to resolve disputes, concerns or grievances concerning the electoral process, in particular disputes arising from allegations concerning non-compliance with the Electoral Code of Conduct for Political Parties and Candidates.

Documents pertaining to elections

· SADC Guidelines
· Electoral Code of Conduct for Political Parties and Candidates
· Media Coverage of Elections Regulations
· Constitution of Zimbabwe with all latest amendments
· Electoral Act with all latest amendments
· Electoral Regulations with all latest amendments
· Electoral Commission Act with all amendments
· Political Parties Finance Act as amended

Revised prices for copies of voters rolls have been gazetted in a Gazette Extraordinary dated 18th March

The revised prices are set out in the Electoral (Amendment) (No. 3) Regulations [Statutory Instrument 44/2008]. They apply with effect from 18th March. The regulations repeal and replace section 15 of the main Electoral Regulations. [Also available – an electronic version of Electoral Regulations incorporating all amendments to date, including this latest one]

The effect of the new section is that copies of voters’ rolls may be purchased from the Zimbabwe Electoral Commission at the following prices, payable in cash:

· Printed rolls

· House of Assembly constituency roll; $200 million [or, if the purchaser is a foreign observer, US$50]

· Senatorial constituency roll; As a senatorial constituency comprises several House of Assembly constituencies [average about three but some up to five] it is necessary to buy all the relevant House of Assembly rolls, each at the above price.

· ward roll; $50 million [or, if the purchaser is a foreign observer, US$25]

· Electronic versions of rolls

· House of Assembly constituency roll; $200 million [or, if the purchaser is a foreign observer, US$50]

· Senatorial constituency roll [consists of the electronic versions of the rolls for the House of Assembly constituencies making up the Senatorial constituency] – $200 million [or, if the purchaser is a foreign observer, US$50] for each.

· ward roll; $200 million [or, if the purchaser is a foreign observer, US$50]