18 | Zimbabwe Rule of Law Journal
the founding values and principles upon which the government should be based.74 To give
effect to these two values, the 2013 Constitution entrenches as fundamental the right of
access to any information held by the State,75 and a duty for all public institutions to ensure
that they are:
“… governed by the democratic values and principles enshrined in this Constitution, including
[that] transparency must be fostered by providing the public with timely, accessible and
accurate information”76
By entrenching transparency and accountability as founding values and by guaranteeing
the right of access to information held by the State, there cannot be doubt that the 2013
Constitution has subordinated the exercise of all public power to openness and public scrutiny.
ZEC exercises public power to prepare, supervise and conduct elections of public office bearers
in Zimbabwe, as described in Part II of this paper. This power should be discharged to give
effect to the constitutional principle that the authority to govern is derived from the people77
and through a free and fair election78 which is conducted in accordance with the principles
enshrined in s 155 as well as the founding values stated in s 3 of the 2013 Constitution.
ZEC has the responsibility to compile voters’ rolls79 and to ensure the proper custody and
maintenance of these rolls and registers.80 This constitutional function must be exercised
in a manner which adheres to the normative values of transparency and accountability, as
discussed earlier.
The proper maintenance of the national voters’ roll is the bedrock of the electoral democracy81
74
See s 3 (2) (g) of the Constitution of Zimbabwe, 2013
75
See s 62 (1) and (2) ibid
See s 194(1) (h) ibid
Entrenched in section 3 (2) (f) ibid
See s 3 (2) (a) and (b) ibid
See s 239 (d) ibid
See s 239 (e) ibid
This is because the right to vote is exercised when one is registered as a voter on the voters’ roll. See schedule 4 of the
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Select target paragraph3
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