5.3 Zimbabweans of Foreign Descent: The So-called “aliens”
“Aliens” as an exclusionary and almost derogatory category of Zimbabweans is applied by the Registrar
General’s office to Zimbabwean citizens who were born of migrant parents. This is despite the fact that
the Zimbabwean Constitution outlawed this categorization when it restored citizenship to all persons
whose parents were migrants from Southern African Development Community (SADC) countries. The
process of regularizing documents to reflect this change has also been costly, onerous, and at times
exclusionary. The State has a positive duty to ensure that citizens who were previously excluded on the
grounds that they were aliens are given proper documentation without charge so that they can enjoy
their full rights of citizenship, including the right to register as voters.
At the beginning of the BVR process, Zimbabweans of foreign descent, so called "Aliens", were being
turned away. The constitutional position, articulated above, was buttressed by a decision of the High
Court of Zimbabwe when Sarah Kachingwe and the MDC- political party formations successfully sought
an order to compel ZEC to register “aliens” as prospective voters for the 2018 general elections during
the BVR Blitz exercise. High Court Judge, Justice Nyaradzo Munangati-Manongwa, issued an order
granting so called “aliens” the right to register to vote on condition that they satisfied residency
requirements and produce their "Alien" endorsed Identity documents together with a birth certificate,
on 30 November 2017.
Despite the November 30 ruling, some so-called “aliens” faced difficulties in securing identity
documents that confirmed their status as full citizens leading to the BVR processes inclusive nature
being limited.
5.4 Continuous Registration
Section 17A of the Electoral Act, provides for continuous and on-going voter registration. There should
never be a time where ZEC refuses to register citizens as voters. This is contrary to the common belief
among citizens that voter registration only takes place a few months before the elections. It is true,
however, that interest to register is heightened just before elections. Nevertheless, a citizen must be
able to attend at the voter registration offices to register at any time. This position was reaffirmed by
the High Court in a 2015 case in which the judge stated that the law requires that;
“There be a continuous system of registration of voters. This is a mandatory duty from which
the commission and its chairperson cannot abdicate or postpone as it is an ongoing process
which they cannot suspend”.
5.5 Compilation of the Voters’ Roll
As already stated, ZEC has the constitutional mandate to compile the voters’ roll. The said voters’ roll
must be suitable for polling station-specific voting i.e. polling station-specific voters’ rolls. The process of
compiling the voters’ rolls can be complex, since it involves a huge amount of data that has to be
analyzed and categorized according to the different rolls. There is always a risk of duplications, and a
viable voters’ roll compilation process has to involve de-duplication of names on the rolls to ensure he
accuracy and credibility of the voters’ rolls.
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