Additional
information from Zimbabwe Lawyers for Human Rights
21
February 2002
Our aim is
to give advice on the court process involved after a successful
filing of notice of appeal against the Constituency Registrar’s
Objection to your registration as a voter. We are offering as
much assistance as we can in the circumstances. However, since
no volunteers have come forward to assist, we will have to cut
back the current service (all voluntary) of advising people at
the courts so that we can deal with the many other pressing matters
in the run-up to the election.
Please assist
by helping others through the court procedures if you have already
been there and by passing on information. Our forms are available
by email by subscribing to bnb@zol.co.zw.
In addition, hard copies are available at the law firms of Gollop
& Blank and Kantor & Immerman in Harare.
If you
use our forms: Change any facts to match your precise details
and fill in all the appropriate 'blanks'. Please try to familiarise
yourself with the points of law contained in our forms, so that
if you are questioned you mention the stated points. Please assist
yourself (and us) by making a note of the name of the prosecutor
– and the magistrate if possible (ask the prosecutor for the name).
Call the magistrate "Your Worship" and be respectful in the court.
However, if you do not understand what anyone is saying, or you
cannot hear, please try to insist upon clarity. Make sure you
understand what has happened in your case before you leave. Most
of the prosecutors have been very obliging.
If you
are planning to ask for the matter to be referred to the High
Court, (which gives you the best prospects of "success" it
seems!) it would be a good idea to make 2 further copies. Offer
two copies to the magistrate as a written statement and keep the
third so you can refer to it again. If the magistrate questions
you, try to keep to the points of law raised in the statement
- For
those who appeared at the magistrates court and LOST their case
and want to appeal:
Click here
for information on how to appeal if you attended the magistrates
court and the magistrate decided the matter against you (i.e.,
in favour of the Respondent, the Constituency Registrar). In
other words, if you chose to have your matter resolved by the
magistrate and DID NOT ask for a referral to the High Court.
- Download this document:
- Rich
Text File (RTF) version - (5KB) can be opened by most word
processors
- Acrobat
PDF version - (37KB)
The process
is tedious and time-consuming. Please read all the attachments
and chose one of the following notices of appeal depending
on whether you:
a) had
a permanent residence certificate BEFORE you became
a citizen
- Click
here to view
- Download this document:
- Rich
Text File (RTF) version - (10KB)
- Acrobat
PDF version - (64KB)
b) if
you were born in Zimbabwe or acquired citizenship WITHOUT
having the formal status of permanent resident.
- Click
here to view
- Download this document:
- Rich
Text File (RTF) version - (10KB)
- Acrobat
PDF version - (63KB)
To get a
written judgement use the following draft
- Click
here to view
- Download this document:
- Rich
Text File (RTF) version - (3KB)
- Acrobat
PDF version - (37KB)
Queries
about failure to note an appeal against being struck off the voters
roll: We regret that we cannot give you any further information
on this issue. If you did not meet the stipulated time limits,
for whatever reason, you will just have to wait and see what happens.
If you want to vote, go to your polling station and check if you
are on the roll on voting days. If we have any further information
to give you, we will do so by way of email or public notices,
but our priority is to assist those persons who are having
to appear in court.
However, as
a matter of record for our report on the conduct of the election,
you could forward brief details for documentation only. Please
sent us a letter or email or fax to the addresses below to let
us know (briefly) your personal details (name, address), when
your notice of objection was dated, when you received it, and
what happened thereafter. Please also let us know what happened
at the polling station.
PLEASE do
not clog our phone line and tie up our limited manpower with requests
for information which is not to do with these court appearances.
Mail: P O
Box CY 1393, Causeway or email: zlhr@icon.co.zw
or fax/answerphone 04-251468
