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Right to inspect voters roll upheld
Zimbabwe Lawyers for Human Rights (ZLHR)
February 13, 2008

Zimbabwe Lawyers for Human Rights are pleased to note that on 12 February 2007 the High Court of Zimbabwe (Harare) upheld the electoral right of Zimbabweans to inspect the voter's role. In the cases of Lottie Gertrude B. Stevenson Diceky vs. Zimbabwe Electoral Commission and Ors HC 01/08 and Brighton Chiwola vs. Zimbabwe Electoral Commission and Ors HC 02/08, an order was granted by Justice Uchena, by consent of the parties stating that:

This Consent Order is predicated on the acceptance by all parties that every person in Zimbabwe is entitled to the exercise of the rights stated in Section 21 (1) (4), of the [Electoral Act Chapter 2:13)] to inspect the voters roll free of charge at the office of the Constituency Registrar during normal office hours. Further it is accepted by all parties that the exercise of such rights is subject to respect for the same rights of others.

The order went on to assert the right to inspect the voters roll at any time during office hours, with 5 minutes being allowed for each individual, and that written notes of anything contained in the voters role could be made. It further provided that the electoral authorities should not hinder the exercise of the two Applicants' rights.

The matters had arisen following the refusal by the electoral authorities to allow two nominees and aspiring candidates for the parliamentary and local government elections their right to inspect the voters roll and ensure that their nominators were indeed registered in the constituencies they sought to contest in. The effect of such refusal meant that the two aspiring candidates were in danger of not being successfully nominated as candidates as a result of their nominators not being registered on the voters roll within their constituency.

ZLHR is concerned that the civil and political rights of Zimbabweans are being grossly violated as seen in the number of reports and complaints on people who have been denied registration and re-registration after finding their names missing from the voters' roll. One unjustified reason for disenfranchisement has been that the persons concerned were not citizens as one of their parents were born outside Zimbabwe, yet in fact they have never claimed or acquired any foreign citizenship.

ZLHR would like to emphasise the right as provided in section 3 of the Electoral Act, namely that; every citizen has the right to participate in government directly or through freely chosen representatives, and is entitled, without distinction on the ground of race, ethnicity, gender, language, political or religious belief, education, physical appearance or disability or economic or social condition, to stand for office and cast a vote freely.

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