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Notice of Objection - Update #13
Citizenship Lobby Group (CLG)
February 20, 2002

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Dear All

Magistrate Court Hearings, Legal advice and Appealing the Magistrate's judgement

Choosing the correct form

Please note that the information in this update is largely for the use of those people who renounced Zimbabwean citizenship and have had notice to appear in the magistrate's court to give reasons why they should not be removed from the voters' roll.

Zimbabwe Lawyers for Human Rights have asked me to clarify a few points regarding the forms they have made available for the magistrate court hearings of appeals against being removed from the voters' roll.

Note that the forms are actually numbered - my numbering system differs slightly so below I've added a little clarity (I hope!). They are attached to this email again simply for ease of reference.

1. Born in Zimbabwe and choose to refer your matter to the High Court
- Click here to view citHC.rtf (Form 3)
- Download this document:
   - Rich Text File (RTF) version - (11KB) can be opened by most word processors
   - Acrobat PDF version - (61KB)

2. Born in Zimbabwe and choose to settle your matter in the Magistrate's Court
- Click here to view citMC.rtf (Form 4)
- Download this document:
   - Rich Text File (RTF) version - (10KB)
   - Acrobat PDF version - (60KB)

3. Permanent resident before you became a Zimbabwe citizen and choose to refer your matter to the High Court
- Click here to view resHC.rtf (Form 1)
- Download this document:
   - Rich Text File (RTF) version - (12KB)
   - Acrobat PDF version - (62KB)

4. Permanent resident before you became a Zimbabwe citizen and choose to settle your matter in the Magistrate's Court
- Click here to view resMC.rtf (Form 2)
- Download this document:
   - Rich Text File (RTF) version - (11KB)
   - Acrobat PDF version - (62KB)

Some people were not born in Zimbabwe, but became citizens without going through the stage of permanent resident (eg arrived when a child). In this instance, please use the form for 'born in Zimbabwe' - ie forms 3 or 4, and change the wording of the following section to suit your details:

On both Forms 3 & 4: Amend para 4 of 'Statement' to suit - eg, born in UK in 1940, arrived in Zimbabwe in 1945, became a citizen in 1958.

If you cannot read attachments, email bnb@zol.co.zw requesting the form/s you wish to have sent to you in the body of the email - or view them online at http://www.kubatana.net/html/archive/arch_index.asp?sector=ELEC

Handling your appeal yourself

To avoid unnecessary haranguing and interrogation by the magistrate do the following:

• Use one of the ZLHR forms
• Stick to the arguments contained in the ZLHR form - try not to get drawn into discussing when and how and why you came to Zimbabwe or when and how or why you chose to keep a foreign citizenship. This appeal is about the right to vote - nothing else.
• Ask whether you can submit your form as your "submission" to the court.
• Keep your cool and remain respectful

Don't let the confusion at the courts get you down. Try the following:

• Establish who the prosecutor for your case is - write his/her name down (get a phone number if possible)
• Make sure you can recognise him again
• Go to the court room initially allocated to your case - only leave there if instructed by the prosecutor to do so
• Keep your eye on the prosecutor and their whereabouts

Make sure you understand what the next step is. Ask the magistrate or prosecutor to clarify anything you are uncertain of.

How do I proceed? Where do I go? When next must I come to the courts?

Appealing the magistrate's decision

Reports coming back from the first magistrate court hearings indicate that in some cases people trying to win their appeals rather than postpone them are losing their cases.

You have a right to appeal against the magistrate's judgement, but this must be done within 7 days of the judgement. The process to be followed is roughly as follows - further information will be given shortly:

Go to the Clerk of the Civil Court and advise you wish to note and appeal the magistrate's judgement in your case and that you request a written judgement from the magistrate.
He/she should explain the process which is likely to involve:
- Paying a fee in revenue stamps for the written judgement (should be less than $100)
- Giving the Clerk your notice of appeal.

ZLHR are currently preparing a draft appeal for you to use which should be available shortly.

You can call ZLHR on 251468 and leave your name and number and request a copy of the draft appeal document.
Make sure to make it clear that this is what you need.

You can also contact them in this regard by emailing zlhr@icon.co.zw

I will include the draft in an update as soon as I receive a copy.

Here is an excerpt from someone's account of their court hearing:

Unlike the first Magistrate who asked if you had anything further to add to your statement and then merely deferred his ruling and advised the appelant that he/she would receive his answer in the mail, this one did not ask for you to add your comments, merely waffled on about the timing of residency and citizenship - after confusing the appelant, the public and no doubt himself, he dismissed the case on the grounds that this particular appelant only became a Permanent Resident on the date she had given up her citizenship (you cannot be a resident whilst you are a citizen and vice versa - I think that is what he was eventually saying). The Lady in question and the next one both asked to appeal.

Citizenship - does it infer permanent residence or not?

The magistrates and prosecutors are not disputing claims to lengthy residence in Zimbabwe. Their sole argument is on the point of law regarding whether citizenship includes permanent residence or not. If you were a permanent resident before you became a Zimbabwe citizen, it is recommended that you take your permanent resident certificate to court with you. The argument being that acquiring citizenship simply added to your permanent residence status. At this point it is highly unlikely that anyone will be able to get around this point of law in the magistrate's court. Accordingly it makes sense to ask for your case to be referred to the High Court on the grounds detailed in the ZLHR's draft documents: citHC.rtf and resHC.rtf.

Questions

1. Has anyone who submitted an appeal by registered mail received a notice to appear at the magistrate's court yet?
2. Has anyone succeeded in convincing the magistrate that they have a right to remain on the voters' roll?

Volunteers needed

Zimbabwe Lawyers for Human Rights (ZLHR) need:

a. Lawyers to assist with this exercise

b. Volunteers to help with handing out the forms described above and attached to this email, at the various magistrates courts around the country. This particularly applies to Harare this week. People who are prepared to be collection points for these forms are also invited to call.

Please call Harare (04) 251468 and leave the following information on the answer phone/fax

• Name
• Contact number
• City
• Dates on which you are available to distribute forms

Do your best to attend your court hearing

Please do your best to see this process through this stage. It would be a great pity to lose your vote when you have every right to retain it.

Visit the CLG Fact sheet

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