ZIMBABWE ELECTION SUPPORT NETWORK Legal Framework The 2013 Constitution ushered in a new dispensation in electoral management in Zimbabwe, by moving critical voter registration activities from the Registrar General to the ZEC. According to Section 239 of the Constitution the ZEC has the function to conduct elections and they must 'ensure that those elections …are conducted effectively, freely, fairly, transparently and in accordance with the law.' This section also mandates ZEC to register voters, compile voters' rolls and registers and to ensure the proper custody and maintenance of voters' rolls and registers. 4. For the purposes of registering as a voter any one of the following documents which legibly show that the claimant is a citizen of Zimbabwe of or over the age of eighteen years shall constitute proof of identity and citizenship(a) a national identity document, that is to say, an identity document in terms of section 7(2) of the National Registration Act [Chapter 10:17]; or (b) a.. waiting pass", that is to say, a notice in writing in terms of section 7(1) of the National Registration Act [Chapter 10:17], which includes a photograph of the bearer; or (c) a valid Zimbabwean passport. According to section 36A of the Electoral Act Chapter 2:13 the President on advice of the Commission 'may at any time proclaim in the Gazette order that there shall be a new registration of voters'. Hence, on the 9th of September of 2017 the then President, R.G. Mugabe proclaimed that BVR would start on the 14th of September of 2017. BVR technology uses physical features, which are unique to every individual for purposes of identification. These physical features include fingerprints, facial scans, voice recognition and other features, which are unique to each person ... the BVR system helps to create a more accurate system of identification and eliminates the problem of duplications, which has blighted previous voters' 1 rolls and elections.' The ZEC went further to issue Statutory Instrument (S.I) 85 of 2017 'Electoral (Voter Registration) Regulations' to set out the voter registration regulations and procedure. According to section 23 of the Electoral Act for a person to be registered as a voter in a constituency, they must be resident in that constituency unless they intend to run as a member of parliament for that constituency that they are not resident. The Act further states that the commission may prescribe documents that shall constitute proof of residence. In line with the Act Section 5 on the regulations set out the documents that would suffice as proof of address. 5. (1) For the purposes of registering as a voter the following documents shall constitute proof of residence(a) title deeds or a certificate of occupation; (b) a lodgers permit issued by the relevant local authority; (c) rates, water, electricity, telephone or credit store statements on which is shown the claimant's name and physical address; (d) a statement from the landlord, parent or friend of the claimant confirming that the claimant resides at the stated place of residence accompanied by any of the documents in paragraph(a), (b) or(c) in the name of the landlord, parent, friend or such other person at whose residence the claimant resides; (e) a statement confirming that the claimant resides at the stated place of residence made by the head of a school, hospital or Requirements for Registration According to schedule four of the Constitution a person can register as a voter if they are 18 years or over and a Zimbabwean citizen. The Constitution allows for additional requirements to be added by the Electoral law but these must be consistent with section 67 of the Constitution which guarantees every citizens' right to participate in electoral processes. Therefore, in accordance with Schedule four, the Electoral Voter Registration Regulations provided for additional regulations. Section 4 of the regulations states: 1 ZESN Biometric Voter Registration Observation Report Available http://www.zesn.org.zw/wp-content/uploads/2015/10/ZESN-BVR-Observation-Report.pdf 10 FINAL REPORT OF THE 2018 VOTERS' ROLL AUDIT

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