Zimbabwe Rule of Law Journal |9
the 2013 Constitution, his views are still relevant as signified by section 332. Therefore the
term ‘any right’ include those rights conferred upon the citizens by any legislation, common
law, customary law or international law that is applicable in Zimbabwe.
The foregoing discussion demonstrates that, in terms of the Constitution of Zimbabwe,
citizens have a right to access any information held by the State if they need that information
for purposes of enforcing government transparency and accountability, or for purposes of
enforcing any legal right. This paper contends that access to the national voters’ roll can be
justified on both grounds and therefore fits within the ambit of the right to access information,
as enshrined in s 62.
Part II: Application of the right of access to information held by the State
In order to understand why and how access to the national voters’ roll can be justified as part
of the right of access to information, it is important to understand certain aspects regarding
how the right of access to information applies in terms of the Constitution of Zimbabwe. First,
the Declaration of Rights binds the State and all its agencies, including those that are in the
executive, legislative and judicial branch of Government, as defined by the constitution.33
In addition, the Constitution prescribes that the State and all the institutions and agencies
of government at every level must respect, protect, promote and fulfil the rights enshrined
in the Declaration of Rights.34
The Constitution establishes the ZEC as an independent constitutional body35 responsible
for the proper custody of the national voters’ roll and related registers.36 Therefore, ZEC
is an institution of the State. It has been argued elsewhere37 that, by virtue of being an
See s 45 (1) of the Constitution of Zimbabwe, 2013
See s 44 ibid.
35
See ss 232 (a) and 238 ibid.
36
See s 239 (e) ibid.
37
In the opposing affidavit submitted by the Chairperson of the Zimbabwe Electoral Commission in Justice Alfred Mavedzenge
v Chairperson of the Zimbabwe Electoral Commission case no. HC 4014/14
33
34
Select target paragraph3
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