ZIMBABWE ELECTION SUPPORT NETWORK
Legal Framework
The 2013 Constitution ushered in a new
dispensation in electoral management in Zimbabwe,
by moving critical voter registration activities from
the Registrar General to the ZEC. According to
Section 239 of the Constitution the ZEC has the
function to conduct elections and they must 'ensure
that those elections …are conducted effectively,
freely, fairly, transparently and in accordance with
the law.' This section also mandates ZEC to register
voters, compile voters' rolls and registers and to
ensure the proper custody and maintenance of
voters' rolls and registers.
4. For the purposes of registering as a voter
any one of the following documents which
legibly show that the claimant is a citizen of
Zimbabwe of or over the age of eighteen years
shall constitute proof of identity and
citizenship(a) a national identity document, that is to
say, an identity document in terms of
section 7(2) of the National Registration
Act [Chapter 10:17]; or
(b) a.. waiting pass", that is to say, a notice in
writing in terms of section 7(1) of the
National Registration Act [Chapter
10:17], which includes a photograph of
the bearer; or
(c) a valid Zimbabwean passport.
According to section 36A of the Electoral Act
Chapter 2:13 the President on advice of the
Commission 'may at any time proclaim in the
Gazette order that there shall be a new registration
of voters'. Hence, on the 9th of September of 2017
the then President, R.G. Mugabe proclaimed that
BVR would start on the 14th of September of 2017.
BVR technology uses physical features, which are
unique to every individual for purposes of
identification. These physical features include
fingerprints, facial scans, voice recognition and
other features, which are unique to each person ...
the BVR system helps to create a more accurate
system of identification and eliminates the problem
of duplications, which has blighted previous voters'
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rolls and elections.' The ZEC went further to issue
Statutory Instrument (S.I) 85 of 2017 'Electoral
(Voter Registration) Regulations' to set out the voter
registration regulations and procedure.
According to section 23 of the Electoral Act for a
person to be registered as a voter in a constituency,
they must be resident in that constituency unless
they intend to run as a member of parliament for
that constituency that they are not resident. The Act
further states that the commission may prescribe
documents that shall constitute proof of residence.
In line with the Act Section 5 on the regulations set
out the documents that would suffice as proof of
address.
5. (1) For the purposes of registering as a voter
the following documents shall constitute proof
of residence(a) title deeds or a certificate of occupation;
(b) a lodgers permit issued by the relevant
local authority;
(c) rates, water, electricity, telephone or
credit store statements on which is shown
the claimant's name and physical
address;
(d) a statement from the landlord, parent or
friend of the claimant confirming that the
claimant resides at the stated place of
residence accompanied by any of the
documents in paragraph(a), (b) or(c) in
the name of the landlord, parent, friend or
such other person at whose residence the
claimant resides;
(e) a statement confirming that the claimant
resides at the stated place of residence
made by the head of a school, hospital or
Requirements for Registration
According to schedule four of the Constitution a
person can register as a voter if they are 18 years or
over and a Zimbabwean citizen. The Constitution
allows for additional requirements to be added by
the Electoral law but these must be consistent with
section 67 of the Constitution which guarantees
every citizens' right to participate in electoral
processes. Therefore, in accordance with Schedule
four, the Electoral Voter Registration Regulations
provided for additional regulations. Section 4 of the
regulations states:
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ZESN Biometric Voter Registration Observation Report Available http://www.zesn.org.zw/wp-content/uploads/2015/10/ZESN-BVR-Observation-Report.pdf
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FINAL REPORT OF THE 2018 VOTERS' ROLL AUDIT