ZESN - Promoting Democratic Elections in Zimbabwe 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. 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 without any impediment or additional requirement other than requirements relating to all people. 6.3 Non- Compliance with Right to Vote The Government of Zimbabwe (GoZ) is signatory to 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 due to the lack of mechanisms 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 cast their vote. The third applicant (Ms Kachingwe), together with any class of persons in similar predicament, be and are hereby entitled to be, forthwith, registered as voters by the first respondent in the BVR exercise upon production of the identification card endorsed “Alien”, coupled with a birth certificate showing that they were born in Zimbabwe to parents from the SADC region or one of whom is a 27 Zimbabwean and proof of residence . However, most of those referred to as 'aliens' did not; manage to vote as they did not possess the long birth certificate, a necessary requirement for them to register. 6.5 Biometric Voter Registration (BVR) Following Zimbabwe's adoption of the BVR, ZEC awarded the tender to supply BVR kits to Chinese Company, Laxton Group Limited. The tender was awarded after weeks of bid assessments and site validation tests after which a recommendation was made to the State Procurement Board (SPB). In addition to the kits, ZEC also procured an Automated Fingerprint Identification System (AFIS) from a firm called IPSIDY. 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, i.e. 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 26 Africa . Biometric Voter Registration Phases Registration under the BVR process commenced on 18 September 2017, four days later from the day former President Mugabe had proclaimed as the starting date. Through Statutory Instrument 117 of 2017, in terms of Section 2 of the Presidential Powers (Temporary Measures) Act, amendments were belatedly effected to Sections 24, 25, and 36 of the Electoral Act. 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 25 https://www.thezimbabwemail.com/law-crime/constitutional-court-rules-that-zimbabweans-based-in-the-diaspora-cannot-vote-unless-they-return/https://www.herald.co.zw/aliens-can-vote-rules-high-court/ Ibid 26 27 25 REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS ZESN