Convicted criminals will no longer contest in future elections for Members of Parliament and councillor positions, following an amendment to the Electoral Act.
The Electoral Act Amendment Bill, 2022 gazetted on Friday disqualifies persons as legislators and councillors if they commit physical violence or dishonesty crimes and get convicted within a period of 12 months before the date of nomination as a candidate.
"This Act may be cited as the Electoral Amendment Act, 2022. Amendment of section 4 of Cap. 2:13 Section 4 ("Interpretation")(1) of the principal Act is amended.
"By the insertion of the following definition- "disqualifying offence" in relation to the disqualification of a candidate for election to the National Assembly or a local council, means convicted means any of the following offences of which the candidate is convicted within the period of twelve months ("the relevant period") before the date of nomination as a candidate.
"That is, being found guilty in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element, or outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element and being sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment," the Act reads.
Convicted criminals can contest if effective sentence is less than six months, a pardon is granted or conviction is set aside.
"Unless within the relevant period the candidate has been pardoned for the offence; or on appeal the candidate's conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted; by the repeal of the definition of "proof of identity" and the substitution of- proof of identity" means a valid Zimbabwe passport, or a notice or identity document issued in terms of section 7 of the National Registration Act [Chapter 10:17]."
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