Zimbabwe Rule of Law Journal |19
because, in terms of the 2013 Constitution,82 the authority to govern is acquired through
a free and fair election and the right to vote in that election may only be exercised when
a citizen is registered as a voter.83 It is impossible to achieve the constitutional goal of
establishing and maintaining a democratic Zimbabwean society in which the authority to
govern is derived from the people through a free and fair election, if the national voters’ roll
is not managed properly. Thus, ZEC has a duty to inspire confidence amongst the citizens
that the elections are based on a properly managed national voters’ roll. In that regard,
the citizens have both a legitimate interest and a justiciable fundamental right to know if
the national voters’ roll does exist in proper shape and condition necessary for the proper
conduct of elections.84 This right is exercised on the basis of s 62 (1)85 by requesting ZEC to
provide a copy of the national voters’ roll in a manner that enables the public to scrutinize its’
quality. ZEC has an obligation to respect, protect and promote this right and therefore has a
duty, especially when requested to do so, to uphold and foster the obligation of transparency
and accountability in the management of the national voters’ roll and the maintenance of
the democratic electoral system.
Access to the national voters’ roll as a means of enforcing the right to a free and
fair election.
In addition to the public accountability argument, access to the national voters roll is
constitutionally justified for purposes of protecting and enforcing the right to a free and fair
election. The right of access to information guarantees the citizens access to any information
held by the State, if access to the requested information is necessary to exercise or protect
their rights.86
Constitution of Zimbabwe, 2013
82
See s 3 (2) of the Constitution of Zimbabwe, 2013
83
See schedule 4 ibid
84
Section 155
85
Which guarantees citizens the right of access to information held by the State
86
See s 62 (2) of the Constitution of Zimbabwe, 2013
Select target paragraph3
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