Referendums Act [Chapter 2:10]

REFERENDUMS ACT
Act 12/1999, 22/2004 (s. 3)
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. Referendum proclamation.
4. Referendum to be held on appointed day.
5. Question or issue to be stated on ballot-papers.
6. Persons entitled to vote at referendum.
7. Majority of voters to decide question at referendum.
8. Declaration of result of referendum.
9. Appeals.
10. Application of Cap. 2:01.
11. Regulations.
To provide for the holding of referendums to ascertain the views of citizens on any questions or
issues.
[Date of commencement: 11th January, 2000.]
1 Short title
This Act may be cited as the Referendums Act [Chapter 2:10].
2 Interpretation
(1) In this Act—
“Electoral Act” means the Electoral Act [Chapter 2:01];
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“referendum” means a referendum held in terms of section four;
“returning officer” means an officer of the Zimbabwe Electoral Commission;
[Definition inserted by section 3 of Act 22 of 2004]
“voter” means a person who is entitled to vote in a referendum in terms of section six.
(2) Any expression that is not specifically defined in subsection (1) and to which a meaning has been
assigned in the Electoral Act has the same meaning when used in this Act.
3 Referendum proclamation
Whenever the President considers it desirable to ascertain the view of voters on any question or issue, he may
by proclamation in the Gazette
(a) declare that a referendum is to be held in order to ascertain the view of voters on that question or issue;
and
(b) appoint a day or days for the holding of the referendum; and
(c) state the hours at which voting for the purposes of the referendum will commence and will close; and
(d) …..
[Paragraph deleted by section 3 of act 22 of 2004]
4 Referendum to be held on appointed day
A referendum of voters shall be held on the day or days appointed in terms of paragraph (b) of section three
for the purpose of determining whether the voters are in favour of or against the question or issue to be decided at
the referendum.
5 Question or issue to be stated on ballot-papers
All ballot-papers used for voting in a referendum shall state the question or issue to be determined at the
referendum.
6 Persons entitled to vote at referendum
Any person who satisfies the presiding officer of a polling station that he or she is eighteen years or above
and is eligible to be registered as a voter on the voter’s roll shall be entitled to vote at a referendum.
7 Majority of voters to decide question at referendum
The majority of votes given in a referendum shall determine the opinion of the voters on the question or issue
to be decided at the referendum.
8 Declaration of result of referendum
(1) As soon as practicable after the close of the voting in a referendum, the returning officer shall count the
votes recorded in favour of and the votes recorded against the question or issue to be decided at the referendum.
(2) The returning officer shall reject and not count any ballot paper which—
(a) does not bear the official mark of a presiding officer or of the returning officer; or
(b) bears any writing or mark by which the voter can be identified otherwise than as is prescribed in the
Electoral Act; or
(c) is not marked with a cross in the appropriate rectangle; or
(d) is marked with a cross which does not indicate with certainty in the appropriate rectangle whether the
voter intended to record a vote in favour of or against the question or issue to be decided at the
referendum.
(3) Immediately after he has counted the votes, the returning officer shall send the Chief Elections Officer a
statement of—
(a) the total number of votes recorded; and
(b) the number of votes recorded in favour of the question or issue to be decided at the referendum; and
(c) the number of votes recorded against the question or issue to be decided at the referendum; and