3
register voters, compile
voters roll and register,
ensure proper custody and
maintenance of voters roll
and register
Voter
registration
Voters Roll
&
confidential information that the former RGV has, or how to
resolve any discrepancies between the records of the former
RGV and those of the Commission and mandatory automatic and
electronic voter registration
Section 20 &
21
Section 239(c,d&e)
functions of ZEC include to
register voters, compile
voters roll and register,
ensure proper custody and
maintenance of voters roll
and register
Updates provisions on the keeping of voters rolls by ZEC,
inspection by the public and obliges ZEC to keep and maintain
voters’ roll in printed and electronic form for each polling area.
ZEC may prepare and maintain a consolidated national voters’
roll and a consolidated voters’ roll for each constituency or ward
although these will not be used for polling.
Section 23
Provides for the inspection of voters’ rolls and provision of copies
and amends section 21 of the Electoral Act by outlining the
method for inspection and provision of the voters roll, including
the consolidated roll to any person who requests it, upon
payment of the prescribed fee.
Increases residence qualification of voters from a continuous
period of 12 months to a continuous period of 18 months before
a potential voter may be removed from the roll for that
constituency.
provision and are clearly unconstitutional
The minister and the RGV should have no role in the management of
elections. What would be sensible and in accordance with the law, is to give
the law-making powers, in terms of regulations and rules, to ZEC itself as the
only constitutionally mandated body to conduct elections
The RGV still has a say on the information that he has on registered voters
although he does not take part in this process anymore. RGV must have
handed over any information and material to ZEC in as much as it is needed
to create a comprehensive voter register. Section 239(c), (d) and (e)
unambiguously provide that the functions of ZEC include voter registration, the
compilation of voters’ rolls and registers and the proper custody and
maintenance of voters’ rolls and registers. There is no further role for the
former RGV and none for the Minister of Justice, Legal and Parliamentary
Affairs.
ZEC has an obligation to keep and maintain in printed and electronic format a
voters’ roll for each polling station. Concerns have been raised in the past that
ZEC did not provide an electronic copy of the voters’ roll that was searchable.
It is hoped that Commission will stick to the letter of the law and ensure that
the electronic version will be searchable.
Whilst it is not mandatory for ZEC to prepare and maintain a consolidated
national, or consolidated constituency or ward voters’ roll. This provision is
dangerous, as ZEC has an option and may decide not to produce the national,
constituency or ward voters’ roll. There is a potential conflict within this
amendment as ZEC may prepare and maintain consolidated national,
constituency or ward voters roll which it has to provide for inspection. It must
be compulsory for ZEC to produce these voters’ roll as these will be relevant
for some stakeholders such as candidates who would need to have
consolidated rolls, not just polling station voters’ rolls.
The non-repeal of this section still means that Zimbabwean citizens based
abroad cannot return to participate in electoral processes if they have been
residing out of their constituencies for a continuous period of 18 months,
unless they are entitled to postal votes by virtue of being on government
service.
It also means that anyone in prison cannot vote if they are away from their
constituency for 18 months and their name is removed from the voters roll.
This section must be repealed to ensure that every citizen who registers vote
to be afforded the opportunity to register regardless of whether they have
been resident in the constituency of a prescribed period of time. ZLHR and