2 | Zimbabwe Rule of Law Journal
voters’ roll has attracted much attention as signified by the court applications8 made to
compel ZEC to release the national voters’ roll to the public. The national voter’s roll should
be available to the public as it is an existing constitutional right, which the legislature are
obliged to give effect to through amendments to the Electoral Act.
This paper argues that the issue as to whether citizens are entitled to access the national
voter’s roll has been settled in the Constitution which requires all State institutions to exercise
public power and discharge their functions in a transparent and accountable manner as
enforced through the right of access to information, enshrined in s 62. This right entitles
citizens to request any record of information held by the State which is obliged to provide
the requested information if that information is needed by the requester for purposes of
fostering public accountability.
ZEC has the duty to provide citizens with access to the national voters’ roll because it must
be accountable and transparent regarding the state and condition of the national voters’ roll.
Additionally, the State is obliged to provide access to the requested record if the information
is needed by the requester to protect or exercise any of the rights entitled to the citizen
by law. Citizens have the right to a free and fair election as interpreted in the context of
the entrenched values of transparency and accountability which include the right to hold
ZEC accountable for the manner in which elections are organised. To exercise this right,
the citizens can request access to the national voters’ roll by invoking the right of access to
information held by the State.
Introduction
The Constitution of Zimbabwe9 , s 62 entrenches the right of access to information and
provides as follows:
8
9
These include Justice Mavedzenge v Chairperson of the Zimbabwe Electoral Commission HC 4014/14
Constitution of Zimbabwe, Amendment No 20, 2013