African Governments, through the African Union’s Declaration on the Principles Governing
Democratic Elections in Africa, commit to establish, where none exist, appropriate
institutions to resolve issues such as code of conduct, citizenship, residency, age
requirements for eligible voters, compilation of voters registers, etc.
Section 67 (3) (a) of the Constitution of Zimbabwe provides for every Zimbabwean citizen
who is of or over eighteen years old the right to vote in all elections and referendums and to
do so in secret.
6.3 Non- Compliance with Right to Vote
The Government of Zimbabwe (GoZ) has signed international and regional treaties, for
example the ICCPR and the ACHPR. The Constitution also guarantees the right to vote.
Nevertheless, not all Zimbabweans enjoy that right. The Electoral Act (Chapter 2:13) does
not have provisions that extend the right to vote to all eligible Zimbabweans. For instance,
prisoners do not enjoy the right to vote as mechanisms have not been put in place to ensure
that they register and vote. In addition, in the case Gabriel Shumba and Others v Ministry of
Justice, Legal and Parliamentary Affairs and Others, the Constitutional Court, ruled that the
Zimbabwean diaspora cannot vote from outside the country25. This was after the ZEC had
ruled out diaspora voting and indicated that non- resident citizens would have to travel
home to register and then cast their vote.
6.4 Compliance with the Right to Vote
Previously, people referred to as “aliens” (people of foreign descent) did not have the right
to vote, ie prior to the 2018 elections. However in a High Court ruling in November 2017, all
people born in Zimbabwe and who were holders of identity cards written “alien” were
granted the right to be registered and to vote, provided they had proof that one of their
parents was born in Southern Africa.26
Justice Munangati-Manongwa allowed them to participate in elections on specific terms and
conditions which were outlined as follows:
Any person born in Zimbabwe who is of or over 18 years, with an identification card
endorsed “Alien” and a birth certificate showing that such person was born in Zimbabwe,
and at least one of the parents of such person was born in Zimbabwe or from the SADC
region, with proof that he or she was ordinarily resident in Zimbabwe on the relevant
publication date in 2013, is entitled to be registered by the first respondent (ZEC) to vote
25
https://www.thezimbabwemail.com/law-crime/constitutional-court-rules-that-zimbabweans-based-in-thediaspora-cannot-vote-unless-they-return/26
https://www.herald.co.zw/aliens-can-vote-rules-high-court/
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