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This article participates on the following special index pages:
2002 Presidential & Harare Municipal elections - Index of articles
Citizenship issues
Notice
of Objection - Update #9
Citizenship Lobby Group (CLG)
February 10, 2002
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Dear All
I apologise
for not being able to reply personally to each of your emails due
to the large number I have received in this regard. I hope this
update suffices.
New information
is at hand since Friday Feb 08, 2002.
Objection
notices dated Feb 04/05, 2002
A new batch
of objection notices has been sent out to people dated Feb 04 or
05, 2002. This batch appears to target people who renounced dual
citizenship back in the 1980's. Having said that, though, all sorts
of people are receiving these notices. At least two individuals
have received 2 notices - one from the Jan 25 batch and one from
the Feb 04 batch.
Some recipients
of the letter have successfully completed the renunciation of foreign
citizenship procedures required of them by the Citizenship Amendment
Act 2001. One man was even issued with a new Zimbabwean passport
in November 2001 having satisfied the Registrar General's office
that he had duly complied with the provisions of the Act.
Appeals from
individuals in receipt of letters dated Feb 04, 2002 are
currently being accepted by the Constituency Registrars.
I suspect that the cut-off date for these appeals is likely to be
Monday Feb 11, 2002. Make every effort to submit your appeal
by then.
It may be a
good idea to take your Notice of Objection with you as proof of
the date on which it was written (to distinguish yourself from the
previous Jan 25/26 group from whom the constituency registrars are
refusing to accept appeals.)
At Market Square
in Harare, Room 4 now appears to be the office to use (previously
Room 6). Room 1 handles enquiries. Herewith a recent submission
from a recipient of the Feb 04 batch of recipient.
Once you enter
the main gate from the road, go into the building on the left
and follow a short passage that leads into a central courtyard
and to office 1. I was asked for the date of my notice of objection
and if I had the appeal form with me. I was then directed to office
4. "They are using office four today". I handed in my documents
and paid $50.00. I was given a receipt. The details were then
recorded in a register as was a contact telephone number. The
whole process took less than ten minutes.
$50 Deposit
Required
Please note
that at least one person has had their appeal returned to them because
it did not include the required payment. When the payment and appeal
were duly returned, the deadline for accepting the appeal had allegedly
expired and the documents were not accepted.
Legal action
Bryant Elliot
of Gill, Godlonton & Gerans continues to be involved in legal
action challenging the issuing of these Notices of Objection. I
will keep you updated on his progress. He is being kept informed
of the information received through the Citizenship Lobby Group.
What to do
if you've been refused the opportunity to appeal
I don't have
any wise answers to give in this regard as yet. I will approach
Bryant Elliot and ask if he has any recommendations. At the very
least it would seem to be important to write in protest to the relevant
Constituency Registrar and the Registrar-General detailing the date
of receipt of the actual document notwithstanding the date on which
it was posted by the Constituency Registrar and the date on which
your appeal was refused.
Possibly a copy
of your complaint should be sent to a civil society organisation
like
- Zimbabwe
Election Support Network (ZESN), P.O. Box BE 630, Belvedere or
- Legal Resources
Foundation (LRF), P.O. Box 918, Harare
Regarding rules
of interpretation, I have been sent this extract from Section 34(1)
of the Interpretation Act, Chapter 1 which reads as follows:
Where an enactment authorises or requires a document to be served
by post, and where the word "serve" or any of the words "give"'
"deliver" or "send" or any other word is used, the service of
the document may be effected by prepaying, registering and posting
an envelope addressed to the person on whom the document is to
be served at his usual or last known place of abode or business,
and containing such document, and unless the contrary is proved,
the document shall be deemed to have been served at the time at
which such envelope would have been
delivered in the ordinary course of post.
Section 28(2) of the Interpretation Act, Chapter 1 reads as follows:
Where in an enactment a period of time is expressed to begin on,
or to be reckoned from, a particular day, that day shall not be
included in the period.
Submission
to Observers
I propose to
collate the information received regarding these Notices of Objection
and submit it to the "observers" as proof of the R-G's intention
to disenfranchise voters with a legitimate right to participate
in the forthcoming elections.
Harare &
Chitungwiza Mayoral/Council Elections
Regarding the
mayoral and council elections looming, you are reminded that voter
eligibility is based on residency not citizenship. Apparently, the
roll to be used is the common voters' roll. I hope to get clarification
from the Combined Harare Residents' Association (CHRA) as to how
they envisage voters removed from the common roll will be able to
vote in the mayoral/council elections.
View an excerpt
from the Electoral Act regarding voter eligibilty in these elections.
It was provided by CHRA.
Repeated
information
Below I have
repeated a bit of information (and appeal draft) given out in update
#7 for the benefit of people who have joined this mailing list since
Jan 30, 2002.
Best wishes
and thanks for all your replies and information
Visit the CLG
Fact
sheet
Your rights
Permanent residence
is an implicit part of citizenship. Prior to renunciation in the
latter part of 2001 you would have been a de facto permanent resident.
Regardless of
the fact that you may have chosen to retain your foreign citizenship
over your Zimbabwean citizenship, you are nonetheless eligible to
vote as evidenced by the following relevant details extracted from
the High Court judgement handed down by Justice Rita Makarau on
January 25, 2002:
- In order to comply with section 28(2) of the Constitution of
Zimbabwe, for the Presidential elections scheduled for 9 and 10
March 2002, the Registrar General shall ensure that there is in
place a common roll.
- The common roll referred to in 1 above, shall contain the names
and such other information as may be necessary, of all persons
who have attained the age of 18 years, are citizens of Zimbabwe
or, since 1985, have been regarded by a written law to be permanent
residents in Zimbabwe and who meet the residential requirements
of any particular constituency or have satisfied him that for
reasons related to place of origin, political affiliation or otherwise,
it is appropriate that they be registered in a constituency in
which they do not reside;
- The Registrar General shall restore to the voters roll of any
constituency all voters who, on or before 18 January 2002, were
on that roll or were eligible but were refused to be on that roll,
who may have lost or renounced their citizenship of Zimbabwe,
but who since 1985, have been regarded by a written law to be
permanently resident in Zimbabwe;
- The Registrar General shall make adequate and reasonable administrative
arrangements for all voters registered on the common roll who
will not be in their constituencies on the polling days, to exercise
their vote
Notes regarding
the draft Notice of Appeal Against Objection to Registration
- The draft is included at the end of this document.
- The grounds specified in this draft may not apply to everyone.
- If, for instance,
a person has been removed from being a citizen simply because
they have a right to a foreign citizenship, then they should argue
that they are still a citizen of Zimbabwe and they are entitled
to be registered on that basis.
- Alternatively,
they can also say that if they have been a permanent resident
in Zimbabwe since 31 December 1985 they qualify on that ground
as well, to be a voter.
What you should do if you receive one of these letters
- Respond immediately.
- Use the following draft Notice of Appeal Against Objection
to Registration - it has been provided by a lawyer with plenty
of experience.
- Preferably hand deliver your response to the relevant registrar's
office AND request a receipt for the document OR;
Post your response by registered post
- Keep the CLG informed by email bnb@zol.co.zw
of:
- your name
- date since
which you've been a permanent resident of Zimbabwe
- which city/district
you reside in
- when you
received your Notice of Objection
- Date on Notice
- Postmark on envelope
- Date on registered slip
- Date registered slip collected
- Date Notice collected
- Date appeal lodged OR Date appeal refused and reason
- how you
submitted your response
- what happens
to you next in this regard
Fee
Apparently a
$50 money order earns commission of $150 and registering $88, so
be prepared to pay out $288 if you want to return your documents
by registered post in this manner.
Electoral
Act (Chapter 2:01)
Notice
of Appeal Against Objection to Registration
The grounds
of my appeal are as follows:
I have been
a permanent resident of this country since . . . . . . . . . . .
. . . . . . . . . . . . . . . . that is before 31 December 1985.
I am therefore entitled to register as a voter on the common roll
in terms of section 3 (1) (b) of Schedule 3 of the Constitution.
I would be grateful therefore if you will retain my name on the
voters' roll.
I should mention
that although your letter is dated . . . . . . . . . . . . . . .
. . . . . . . . . . . . I note that the postmark on the envelope
containing your letter is dated . . . . . . . . . . . . . . . .
. . . . . . . . . In fact I only received your letter on . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . from which date
I presume the seven day notice period commences.
Signed . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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