Zimbabwe Rule of Law Journal |21
imply that constitutional rights must be interpreted in a manner which adequately resonates
with the entrenched founding constitutional values and principles. Therefore the scope and
meaning of the right to a free and fair election ought to be established in a manner which
incorporates and upholds the values of openness and accountability.
The incorporation of the value of transparency into the scope of the right to a free and fair
election creates the right of a citizen to an election which is conducted transparently. The
management of the national voters’ roll is an integral part of the process of organising the
elections. Therefore, the citizens have the right to have their national voters’ roll managed
properly and in a manner that is open to them. Put differently, as part of the right to a free
and fair election, the citizens have the right to know and verify the condition of the national
voters’ roll. This right may be exercised by invoking the right of access to information held
by the State through access to the national voters’ roll as that information is necessary to
exercise their right to know and verify the condition of the national voters’ roll.
The incorporation of the value of accountability into the scope and meaning of the right to
a free and fair election creates a duty for ZEC to be accountable to the citizens when called
upon do so, during the process of preparing or conducting an election. As indicated above,
the management of the national voters’ roll is a significant part of preparing for an election
in terms of the 2013 Constitution. Therefore, as part of the right to a free and fair election,
the citizen is entitled to the right to call ZEC to account on the condition of the national
voters’ roll and it is impossible to demand accountability without access to the necessary
information.
For the citizens to be able to call ZEC to account regarding the condition of the national
voters’ roll, they need to have access to a copy of the national voters’ roll in a form which is
suitable for them to assess whatever they need to ascertain. On that basis, the citizens can
Select target paragraph3
Add to table of contents