Zimbabwe: Campaign finance regulation
Updated May 2006
The Electoral Act (2004, 93-101) regulates the campaign finances of candidates for political office and they, rather than the political parties, are held liable. Nevertheless, because of their implications for the practical functioning of political parties during election periods, they are discussed here. Campaign expenditures are restricted to (Electoral Act 2004, 93):
- Purchasing of voters rolls.
- Printing, advertising and publishing addresses and notices.
- Communications materials and services.
- Venues for public meetings.
- Personal expenses.
- Fuel costs of volunteers for the ferrying of voters to the polling station.
- One chief election agent and as many election agents and clerks as prescribed in regulations issued by the Zimbabwe Electoral Commission (ZEC).
- Miscellaneous expenses not exceeding a sum prescribed by regulations issued by the ZEC.
The name and contact details of the person appointed as chief election agent (CEA) must be submitted to the constituency elections officer for publication (Electoral Act 2004, 94(1)). Should the CEA be replaced for any reason notice to this effect must be given the constituency elections officer within three days and the replacement details be published in a newspaper circulating within the constituency (Electoral Act 2004, 94(2)). Should a candidate fail to follow this provision the candidate will be regarded, and held responsible, as his own CEA (Electoral Act 2004, 94(3)).
The procedures for the appointing election agents by the CEA are the same as for CEA and the CEA is wholly accountable for the actions of the election agents (Electoral Act 2004, 95). All staff appointment and expenses are made through the CEA and election agents and only contracts undertaken by them are enforceable (Electoral Act 2004, 96). The constituency elections officer must be informed of the details of all staff appointments made, including their numbers on the voter roll of the constituency (if applicable), at least three days before polling day; failure to do so is an offence punishable by a fine (Electoral Act 2004, 96(3),(4)).
All payments made by, and donations given to, a candidate must be channeled through the CEA and receipts for payments made must be obtained and kept (Electoral Act 2004, 97). All claims for election expenses must be made within 60 days of the declaration of the results and no payments on claims made after this date are permitted; all claims made must be settled with 72 days of the declaration of results (Electoral Act 2004, 98). Disputed claims may be paid in terms of a court order regardless of the time limits set and late claimants may apply to a court for an order to enforce payment after the deadlines described above (Electoral Act 2004, 99).
Personal expenses of candidates, which are limited in amount by regulations issued by the ZEC, may be incurred directly without going through the CEA, while traveling and living expenses paid by supporters during campaigning are not deemed as campaign expenses; claims must be made to the CEA in the same way and on the same terms as other creditors (Electoral Act 2004, 100(1)-(3)). Remuneration claims by the CEA must be processed in the same way as other creditor claims ((Electoral Act 2004, 101).
Reference
ELECTORAL ACT (CHAPTER 2:13), incorporates all amendments until 17 March 2008, [www] http://aceproject.org/ero-en/regions/africa/ZW/zimbawe-electoral-act-2008 [PDF document, opens new window] (accessed 30 May 2008).