The Fourth Schedule to the Constitution outlines the requirements for voter registration. Stating that a person must be a Zimbabwean citizen who is18 years old and above and is not otherwise disqualified as a voter. The category of persons who are disqualified from registration as voters includes persons who are legally certified as mentally ill, persons who have been declared by the court as being incapable of managing their own affairs, or persons convicted of violating the Electoral Law and are declared by the High Court as disqualified for registration for a maximum period of five years. Section 1(2) of the Fourth Schedule also provides that the Electoral Law may prescribe additional residential requirements, but such requirements must be consistent with the Constitution, particularly section 67. This essentially means that these “additional residential requirements” must not infringe upon the fundamental right to vote. The above stated rules of eligibility are broadly inclusive of all citizens except the few who are either disqualified or do not satisfy residential requirements. This is consistent with the principle of universal adult suffrage, which is one of the key Constitutional principles on electoral participation in Zimbabwe. During the BVR process in the run-up to the 2018 Harmonized Elections, ZEC exercised its discretion favorably towards greater enfranchisement rather that disenfranchisement regarding residential requirements by relaxing proof of residence requirements. Citizens were allowed to use affidavits declaring their places of residency to meet the requirement for registration. This was especially beneficial and made voter registration easier than in the past as many people lack official place of residence documentation. ZESN did, however, record residual cases of exclusion from voter registration based on lack of proof of residence, and exhorts ZEC to deal decisively with this unnecessary form of exclusion. Other eligibility related issues relate to the rights to registration of two categories of citizens, the Diaspora, and so-called aliens. 5.2 Diaspora The Diaspora refers to Zimbabwean citizens who are domiciled outside the country. Their right to vote as citizens is protected under the Constitution. However, the residential requirements in the 2017-18 BVR process, as well as the limitation of the exercise to physical attendance at registration centers in Zimbabwe disenfranchised the bulk of this population group, as they could neither register online or physically in their current places of residence. This reality has led to increased calls to ZEC to exercise discretion in favour of inclusivity so that those living in the Diaspora can be permitted to vote. The argument is that the residential requirements referred to in the Fourth Schedule must not conflict with the right to vote under section 67. ZEC has generally been flexible, allowing members of the Diaspora to register but only when they return to Zimbabwe to do so, but not through extending facilities for BVR to Diaspora locations. Consequently, the franchise has been limited through the widespread exclusion of the Diaspora, which is a weakness in need of redress. 19

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