Participation by the Diaspora Following an exodus of Zimbabweans to the Diaspora for both political and economic reasons, there have been calls for them to be included in the political processes including the right to vote. However, this has remained a pipe dream, as legal challenges have not been successful. Three applications have so far been filed seeking the Diaspora vote and all have not been successful. The Madzingo case was the first case brought before the Supreme Court in 2005.26 This was followed by the Bukaibenyu case27, which again was dismissed by the ConCourt. In April 2018 Gabriel Shumba and other Zimbabweans living in the Diaspora28 filed a ConCourt application challenging Section 23 (3) of the Electoral Act, which prohibits Zimbabwean citizens who have been living outside the country to participate in electoral processes. The Act states a voter who is registered on the voters roll for a constituency shall not be entitled to have his or her name retained on such roll if, for a continuous period of 12 months, he or she has ceased to reside in that constituency.29 The application like the previous two was also dismissed implying that about 4 million Zimbabweans in the Diaspora with the majority in South Africa remain disenfranchised. This is in spite of the right of all Zimbabwean citizens to vote being protected in Section 67(3) of the Constitution unfortunately the Electoral Act is still to be aligned with the Constitution. Women participation Section 17 of the Constitution obliges the State to promote full gender balance and in particular the full participation of women in all spheres of society. In addition Zimbabwe has signed and ratified regional and international conventions such as CEDAW that advance gender equality and women’s rights. In spite of this Zimbabwe 26 Madzingo and others v Minister of Justice Legal and Parliamentary Affairs and Others (22/0) ((22/0)) [2005] ZWSC 100 (22 February 2005), Judgment No. SC100/05 27 Bukaibenyu v ZEC Chairman & Others (CCZ 12/17 Const. Application NO. SC 126/12) [2017] ZWCC 12 (28 June 2013); 28 The application was filed by Gabriel Shumba, Sibonile Mfumisi (both from South Africa) and Darlington Nyambiya (from the United Kingdom) v (1) Minister of Justice, Legal & Parliamentary Affairs, (2) The Chairperson of (3) ZEC (4) The Minister of Foreign Affairs (5) The Minister of Finance & Economic Development (6) The Attorney General of Zimbabwe, Judgement No.CCZ4/18, Case No. CCZ3/18 29 See Section 23 (3) of the Electoral Act, Chapter 2:13 35