Analysis of the Regulations
Sections of SI 85 Summary of provisions
ZESN analysis and recommendation
of 2017
Section 1
This section is the title section
which gives name to the
regulations as :
Electoral (Voter Registration)
Regulations, 2017
Section 2
Section two is the interpretation
clause defining a number of the
unique terms that are used in the
regulations. It largely replicates
section 2 of the draft regulations.
Of note is the addition of
definitions of the following terms:
“residence affidavit”
“residence document”
Most definitions have been retained as they were in the first draft with a few more terms now
defined which is progressive. There is the crucial addition of the definition of the term ‘residence
document’ which provides for a number of documents that can be produced as proof of
residents. These documents are set out in Section 5(1) of the regulation and this is further
commented on, below.
Of concern is that ZESN had specifically urged ZEC to outline the specific features that would
constitute ‘biometric features’. This has not been heeded and thus ZESN urges the Commission
to specifically provide for that, for the avoidance of doubt.
ZESN had also recommended that the term ‘disability’ be specifically defined. The
recommendation was for the definition to follow the broader one in the Disabled Persons Act,
The Constitution and international normative standards. This has not been heeded.
The regulations have surprisingly removed any reference to the term physical disabilities, a
departure from the draft regulations that provided for consideration of persons with disabilities.
This is as surprising as it is retrogressive.
The Commission is urged to revisit this issue and ensure a voter registration process that is
sensitive to and acknowledges rights of persons living with disabilities by specifically providing a
definition and ensuring they are catered for in the registration process.
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