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This article participates on the following special index pages:
2002 Presidential & Harare Municipal elections - Index of articles
Citizenship issues
Harare
Mayoral and Council Elections - Voter eligibility is based on residency
not citizenship
Combined Harare
Residents' Association
February
08, 2002
Eligibility
is based on residency not citizenship - the relevant sections in
the Electoral Act are:
PART V
RESIDENCE QUALIFICATIONS OF VOTERS
20 Residence qualifications
(a1)
In this section and section 21-
"proof of identity" means a passport, identity document issued in
terms of section 7 of the National Registration Act [Issue of identity
documents] [Chapter 10:17] or drivers licence issued in terms of
the Road Traffic Act [Chapter 13:11];
"proof of qualification as a voter" means a passport or identity
document issued in terms of section 7 of the National Registration
Act [Issue of identity documents] [Chapter 10:17];
"proof of residence", in relation to a constituency, means proof
by way of-
(a)
a receipt or demand for payment of any rate in terms of the Urban
Councils Act [Chapter 29:15], rate or levy in terms of the Rural
District Councils Act [Chapter 29:13], or charge for the provision
of electricity, in the name of the owner of the property concerned
or (in the case of an occupier other than the owner, such a receipt
or demand in the name of the owner accompanied by a written statement
of the owner confirming the occupation of the property by the
occupier); or
(b) a sworn statement by the employer of the voter or claimant
confirming the voter's or claimant's address; or
(c) a sworn statement by the voter or claimant confirming his
or her address or place of residence; or
(d) a bank statement, hospital bill or envelope with a post marking,
bearing the name of the voter or claimant and the voter's or claimant's
address, or such other proof of residence as may be prescribed;
or
(e) a verbal or written statement of the name of the chief, headman
and, if applicable, village head of the area and village where
the voter or claimant resides.
[Subsection
(a1) as inserted by s. 3 of Act 2 of 2002.]
(1) In order
to have the requisite residence qualifications to be registered
as a voter in a particular constituency, a claimant must be resident
in that constituency at the date of his claim:
Provided that, if a claimant satisfies the Registrar-General that,
for reasons related to his place of origin, political affiliations
or otherwise, it is appropriate for the claimant to be registered
as a voter in a constituency in which he is not resident, the claimant
may be registered as a voter in that constituency.
(2) For the purposes of subsection (1), a claimant shall be deemed
to be residing in a constituency while he is absent therefrom for
a temporary purpose.
(3) A voter who is registered on the voters' roll for a constituency,
other than a voter who has been registered in that constituency
in terms of the proviso to subsection (1), shall not be entitled
to have his name retained on such roll if, for a continuous period
of 12 months, he has ceased to reside in that constituency.
Provided that nothing in this subsection shall prevent his name
from being struck off such voters' roll-
(a) on his
being registered in another constituency; or
(b) if he becomes disqualified for registration as a voter.
(4)
The Registrar-General or any constituency registrar may demand from
any voter who is registered on the voters' roll for a constituency
proof of identity, proof of qualification as a voter, proof of residence
in that constituency or all or any combination of the foregoing.
[Subsection (4) as inserted by s. 3 of Act 2 of 2002.]
PART VI
REGISTRATION OF VOTERS
21 Claims for registration
(1) Any person
who wishes to be registered as a voter on the voters' roll for any
constituency shall complete the appropriate prescribed claim form
and lodge it with the constituency registrar for that constituency:
Provided that a claimant who, in accordance with the proviso to
subsection (1) of section 20, seeks registration in a constituency
in which he is not resident shall lodge his claim form with the
Registrar-General.
(2) Where a claimant seeks registration in a constituency in which
he is not resident, he shall provide the Registrar-General with
an address in that constituency where he shall be deemed to be resident
for the purposes of any delimitation of constituencies in terms
of the Constitution.
(3) If, on receipt of a claim form in which the claimant seeks registration
in a constituency in which he is resident, the constituency registrar
is satisfied that the claimant is entitled to be registered as a
voter on the voters' roll for that constituency, he shall, pursuant
to the claim form and subject to this Part, enter the claimant's
name and the particulars relating to him on that voters' roll.
(4) If, on receipt of a claim form in which the claimant seeks registration
in a constituency in which he is not resident, the Registrar-General
is satisfied that it is appropriate for the claimant to be registered
in that constituency, he shall direct the appropriate constituency
registrar to enter the claimant's name and particulars relating
to him on the voters' roll for his constituency.
(5) If a constituency registrar considers that a claimant should
be registered on the voters' roll for some other constituency, he
shall forward the claim to the constituency registrar for that other
constituency and shall advise the claimant accordingly.
(6) Notwithstanding any other provision of this section, the Registrar-General
may direct any constituency registrar to register on the voters'
roll for his constituency any person or class of persons who-
(a) is or
are registered in terms of the National Registration Act [Chapter
10:17]; and
(b) the Registrar-General is satisfied is or are qualified to
be registered in terms of this Act;
and the registration of any such person in accordance with any
such direction shall be valid in all respects as if that person
had completed a claim form and lodged it with the constituency
registrar concerned in terms of subsection (1).
(7)
The Registrar-General or any constituency registrar may demand from
any claimant proof of identity, proof of qualification as a voter,
proof of residence in a constituency or all or any combination of
the foregoing.
[Subsection (7) as inserted by s. 3 of Act 2 of 2002.]
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