African Governments, through the African Union’s Declaration on the Principles Governing Democratic Elections in Africa, commit to establish, where none exist, appropriate institutions to resolve issues such as code of conduct, citizenship, residency, age requirements for eligible voters, compilation of voters registers, etc. Section 67 (3) (a) of the Constitution of Zimbabwe provides for every Zimbabwean citizen who is of or over eighteen years old the right to vote in all elections and referendums and to do so in secret. 6.3 Non- Compliance with Right to Vote The Government of Zimbabwe (GoZ) has signed international and regional treaties, for example the ICCPR and the ACHPR. The Constitution also guarantees the right to vote. Nevertheless, not all Zimbabweans enjoy that right. The Electoral Act (Chapter 2:13) does not have provisions that extend the right to vote to all eligible Zimbabweans. For instance, prisoners do not enjoy the right to vote as mechanisms have not been put in place to ensure that they register and vote. In addition, in the case Gabriel Shumba and Others v Ministry of Justice, Legal and Parliamentary Affairs and Others, the Constitutional Court, ruled that the Zimbabwean diaspora cannot vote from outside the country25. This was after the ZEC had ruled out diaspora voting and indicated that non- resident citizens would have to travel home to register and then cast their vote. 6.4 Compliance with the Right to Vote Previously, people referred to as “aliens” (people of foreign descent) did not have the right to vote, ie prior to the 2018 elections. However in a High Court ruling in November 2017, all people born in Zimbabwe and who were holders of identity cards written “alien” were granted the right to be registered and to vote, provided they had proof that one of their parents was born in Southern Africa.26 Justice Munangati-Manongwa allowed them to participate in elections on specific terms and conditions which were outlined as follows: Any person born in Zimbabwe who is of or over 18 years, with an identification card endorsed “Alien” and a birth certificate showing that such person was born in Zimbabwe, and at least one of the parents of such person was born in Zimbabwe or from the SADC region, with proof that he or she was ordinarily resident in Zimbabwe on the relevant publication date in 2013, is entitled to be registered by the first respondent (ZEC) to vote 25 https://www.thezimbabwemail.com/law-crime/constitutional-court-rules-that-zimbabweans-based-in-thediaspora-cannot-vote-unless-they-return/26 https://www.herald.co.zw/aliens-can-vote-rules-high-court/ 34 | P a g e