Judgment No. CCZ 4/18 2
Case No. CCZ 3/18
country’s harmonized general elections due later this year, 2018, but are precluded from doing
so by certain sections of the relevant law. They accordingly seek the following relief: IT IS DECLARED THAT:
1.
The failure to afford voting facilities to the applicants and similarly placed
Zimbabweans based abroad be and is hereby declared unconstitutional in that it
violates applicants’ rights as enshrined in s 67 and 56 of the Constitution.
ACCORDINGLY, IT IS ORDERED THAT:
1.
2.
3.
Section 23 of the Electoral Act [Chapter 2:13] be and is hereby declared
constitutionally invalid as far as it excludes citizens not resident in Zimbabwe
from registering as voters in contravention of s 67 (3) as read with para 2 of the
4th Schedule to the Constitution of Zimbabwe.
Section 72 of the Electoral Act [Chapter 2:13] is hereby declared
constitutionally invalid as far as it excludes citizens of Zimbabwe who are not
in Government service from exercising their right to vote in contravention of s
56 (1), 56 (3), 56 (4) and 67 (3) of the Constitution of Zimbabwe.
The respondents are hereby ordered to put in place all appropriate measures to
enable the applicants and any other Zimbabweans based abroad to participate in
the 2018 Presidential, Parliamentary and Local Authority elections as voters.
As is evident from the draft relief sought that, it is the applicants’ case that ss 23
and 72 of the Electoral Act [Chapter 2:13] infringe their right to vote as enshrined in s 67 (3)
as read with para 1 (2) of the 4th Schedule to the Constitution. It is also their argument that s 72
of the Electoral Act violates their rights in terms of s 56 (1), (3) and (4) of the Constitution.
Section 67 deals with ‘Political Rights’ and its subs (3) confers the right to vote on every
Zimbabwean citizen of 18 years and above. Section 56 and the subsections cited relate to
equality and non-discrimination.
The applicants argue that in terms of s 67 (3) of the Constitution, every citizen over
the age of 18 years is entitled to vote regardless of where they reside or resident. In their
opinion, the residency requirements set out in s 23 (3) of the Electoral Act (“the Act”) should
not and cannot negate the right of any Zimbabwean above the age of 18 years to vote. Because