Back to Index

Advice to individuals receiving letters from the Constituency Registrar entitled "Finalisation of electoral appeals to objections issued in terms of section 25 of the Electoral Act [chapter 2:01]"
Zimbabwe Lawyers for Human Rights (ZLHR)
September 18, 2002

Zimbabwe Lawyers for Human Rights has been made aware that letters from the office of the District Registrar referring to the above matter are now being received by individuals who, in one way or another, were affected by the Objection Notice and subsequent Appeals, either through the Magistrates’ or the High Court, immediately prior to the presidential elections in March 2002.

The letters will affect different categories of individuals in different manners:

1. Zimbabwean citizens who either:
- never held a foreign citizenship OR
- who renounced in 2001/2002 their "held" foreign citizenship, OR
- who renounced in 2001/2002 their "entitlement" to foreign citizenship (on the basis that one or both parents were born outside Zimbabwe, giving an entitlement, but one which was never taken up by the individual)
AND remained Zimbabwean citizens

Individuals in this category who received Notices of Objection received them in error and if they made an appeal, would have successfully been retained on the voters’ roll and been able to vote in the elections.

If any such person has received this latest letter from the Constituency Registrar, it has been sent to you in error. Such individuals should respond in writing and by way of registered mail, or hand delivery, outlining that they have always been, and continue to be, Zimbabwean citizens and therefore the court decisions, correct or incorrect, do not apply to them. They should add that they retain their constitutional right to vote in all or any elections on the basis of their Zimbabwean citizenship, and shall continue to exercise their right accordingly. If the individual received an order from the court in this regard, or a Notice of Withdrawal of Objection, then this documentation should be attached to the letter as proof.

In the event that such persons paid the $50 deposit, they should request its reimbursement in the letter, and follow this up thereafter.

The letter should end with a request that the Constituency Registrar provide, within seven days of the date of receipt of the letter, written confirmation that his letter and its contents have been retracted, that the individual remains on the voters’ roll and that s/he is entitled to vote in all or any relevant elections.

2. Foreign citizens who became permanent residents of Zimbabwe prior to 31 December 1985, have resided in Zimbabwe since or before such date, and have never at any time held Zimbabwean citizenship

Individuals in this category who received Notices of Objections received them in error and if they made an appeal and produced their permanent resident permit, would have successfully been retained on the voters’ roll and been able to vote in the presidential elections.

If any such person received this latest letter from the Constituency Registrar, it too has been sent to you in error. Such individuals should respond in writing and by way of registered mail, or hand delivery, outlining that they have at no time been a Zimbabwean citizen, but have been permanently resident in Zimbabwe since prior to 31 December 1985. Therefore the court decisions referred to, correct or incorrect, do not apply to them. Such individual retains his/her constitutional right to vote in all or any relevant elections as a result of belonging to such category of permanent residents, and shall continue to exercise such right accordingly. If the individual received an order from the court in this regard, or a Notice of Withdrawal of Objection, then this documentation should be attached to the letter as proof.

In the event that such persons paid the $50 deposit, they should request its reimbursement in the letter, and follow this up thereafter.

The letter should end with a request that the Constituency Registrar provide, within seven days of the date of receipt of the letter, written confirmation that his letter and its contents have been retracted, that the individual remains on the voters’ roll and that s/he is entitled to vote in all or any relevant elections.

3. Zimbabwean citizens who do not hold a foreign citizenship and did not renounce their entitlement to a foreign citizenship, which entitlement arose from one or both of their parents being born outside Zimbabwe

In the High Court judgment of Hlatshwayo J, Case No. HC 2434/2002, referred to in the letter from the Constituency Registrar, it is clearly stated that the Ministry of Home Affairs conceded in a letter which became court evidence that such individuals did not have to renounce their entitlement to foreign citizenship and retained their Zimbabwean citizenship. The same position has been taken by several other High Court judges in subsequent cases. The matter has not been directly addressed by the Supreme Court.

Individuals in this category who have received a letter from the Constituency Registrar should address a response in writing, sent by registered mail or hand delivery, stating the above position, and therefore concluding that s/he remains a Zimbabwean citizen with a constitutional right to vote in all or any relevant elections, and shall continue to exercise such right accordingly.

In the event that such persons paid the $50 deposit, they should request its reimbursement in the letter, and follow this up thereafter.

The letter should end with a request that the Constituency Registrar provide, within seven days of the date of receipt of the letter, written confirmation that his letter and its contents have been retracted, that the individual remains on the voters’ roll and that s/he is entitled to vote in all or any relevant elections.

4. Zimbabwean citizens who renounced their Zimbabwean citizenship in the 2001 exercise, retained their foreign citizenship, and were issued with a permanent resident stamp in their foreign passport upon renunciation in 2001/2002

This category of individuals is directly affected by this latest letter from the Constituency Registrar. We suggest that the following letter be written in response:

"On ________________ (date on which letter was received) I received your letter date-stamped _______________ (date of stamp of district registrar) and I have noted the contents.

I confirm that I duly filed an Appeal to the Notice of Objection. However I maintain that this matter is outstanding and has not yet been finalised by the courts of Zimbabwe.

You allege that my right to vote has been lost, primarily due to the High Court judgment of Hlatshwayo J in Case No. HC 2434/2002. As your offices must be aware, this judgment is now on appeal to the Supreme Court of Zimbabwe (Case No. SC 104/2002) and the matter has not yet been set down for hearing. Until such time as the appeal is finalised, the High Court judgment remains suspended, and I retain my right to vote in all or any relevant elections.

With reference to the Supreme Court judgment of Chidyausiku J in Case No SC 12/2002, the matter has not yet been addressed in full by the Supreme Court. Until the issue is fully argued and adjudicated upon, my entitlement to vote remains secure.

I therefore maintain that until such time as the issue has been finalised in the Supreme Court of Zimbabwe, I am entitled to remain on the voters’ roll and to exercise my constitutional right to vote in all or any relevant elections in Zimbabwe.

As regards the $50.00 deposit, this should remain in the custody of your offices until the finalisation of the appeal of the High Court judgment in terms of which it was to be refunded.

I therefore request, within seven days of the date of receipt of this letter, a written response containing a retraction of the position in your earlier letter, confirmation that my name is retained on the voters’ roll, confirmation that I am entitled to vote in all relevant Zimbabwean elections, and confirmation that you will continue to hold my deposit until the issue has been finalised in the Supreme Court of Zimbabwe.

I await to hear from you within the stipulated time period."

This information is provided in the public interest and as a public service by Zimbabwe Lawyers for Human Rights. It should not be considered to be legal advice, and we urge individuals who have further queries to consult a legal practitioner as soon as possible.

Visit the ZLHR fact sheet

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP