ZESN - Promoting Democratic Elections in Zimbabwe
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.
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
without any impediment or additional
requirement other than requirements relating to all
people.
6.3 Non- Compliance with Right to Vote
The Government of Zimbabwe (GoZ) is signatory
to 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 due to the lack of
mechanisms 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 cast their
vote.
The third applicant (Ms Kachingwe), together with
any class of persons in similar predicament, be and
are hereby entitled to be, forthwith, registered as
voters by the first respondent in the BVR exercise
upon production of the identification card
endorsed “Alien”, coupled with a birth certificate
showing that they were born in Zimbabwe to
parents from the SADC region or one of whom is a
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Zimbabwean and proof of residence .
However, most of those referred to as 'aliens' did
not; manage to vote as they did not possess the
long birth certificate, a necessary requirement for
them to register.
6.5 Biometric Voter Registration (BVR)
Following Zimbabwe's adoption of the BVR, ZEC
awarded the tender to supply BVR kits to Chinese
Company, Laxton Group Limited. The tender was
awarded after weeks of bid assessments and site
validation tests after which a recommendation was
made to the State Procurement Board (SPB). In
addition to the kits, ZEC also procured an
Automated Fingerprint Identification System
(AFIS) from a firm called IPSIDY.
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,
i.e. 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
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Africa .
Biometric Voter Registration Phases
Registration under the BVR process commenced
on 18 September 2017, four days later from the
day former President Mugabe had proclaimed as
the starting date. Through Statutory Instrument
117 of 2017, in terms of Section 2 of the
Presidential Powers (Temporary Measures) Act,
amendments were belatedly effected to Sections
24, 25, and 36 of the Electoral Act.
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
25
https://www.thezimbabwemail.com/law-crime/constitutional-court-rules-that-zimbabweans-based-in-the-diaspora-cannot-vote-unless-they-return/https://www.herald.co.zw/aliens-can-vote-rules-high-court/
Ibid
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REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS
ZESN
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