Judgment No. CCZ 4/18 12
Case No. CCZ 3/18
legislation, legislation itself cannot confer rights which the Constitution, in related provisions,
specifically excludes.
Other provisions of the Constitution touch directly or indirectly on the issue of
elections and the right of Zimbabwean citizens to participate in them. Section 124 relates to the
composition of the National assembly and mentions 210 members elected from the same
number of constituencies ‘into which Zimbabwe is divided’. Section 161 refers to delineation
of electoral boundaries ‘into which Zimbabwe is divided’. With regards to s 155 the applicants
argue that the provision entitles them to cast their votes from abroad. The section provides as
follows:
155 Principles of electoral system
(1)
(2)
Elections, which must be held regularly, and referendums, to which this
Constitution applies must be—
(a) peaceful, free and fair;
(b) conducted by secret ballot;
(c) based on universal adult suffrage and equality of votes; and
(d) free from violence and other electoral malpractices.
The State must take all appropriate measures, including legislative measures, to
ensure that effect is given to the principles set out in subs (1) and, in particular,
must—
(a)
ensure that all eligible citizens, that is to say the citizens qualified under
the 4th Schedule, are registered as voters;
(b)
ensure that every citizen who is eligible to vote in an election or
referendum has an opportunity to cast a vote, and must facilitate voting
by persons with disabilities or special needs;
(c)
ensure that all political parties and candidates contesting an election or
participating in a referendum have reasonable access to all material
and information necessary for them to participate effectively;
(d)
provide all political parties and candidates contesting an election or
participating in a referendum with fair and equal access to electronic
and print media, both public and private; and
(e)
ensure the timely resolution of electoral disputes.
Section 155 (1)(c) relates to ‘universal adult suffrage and equality of votes’. The
question is whether the provision necessarily means that every person without further