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

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