Constitutional Court suspends hearing on diaspora vote

The Constitutional Court today suspended hearing in a case in which one Tavengwa Bukaibenyu is pushing for Zimbabweans living in the diaspora to be allowed to vote through the postal ballot system.

The case, which was heard in Chambers, was postponed to a date to be announced. The Constitutional Court ruled that Bukaibenyu’s case could not be heard until changes to the Electoral Act were effected.

Cabinet on Tuesday endorsed amendments that will ensure the alignment of the Electoral Act with the new Constitution.

In his application, Bukaibenyu, based in South Africa and a driver by profession, wants the Constitutional Court to declare that sections of the Electoral Act, which bar postal voting for ordinary Zimbabweans, infringe on his rights to have a voice on who governs Zimbabwe.

Bukaibenyu’s lawyers from the Zimbabwe Lawyers for Human Rights filed the application at the Constitutional Court last year. Bukaibenyu argues in the court papers that electoral laws that prohibit the diaspora vote should be declared unconstitutional.

In February, the African Commission on Human and People’s Rights ordered the government to make provisions allowing Zimbabweans in the diaspora to vote using the postal ballot system during the constitutional referendum held in March.

There was however, no compliance from the Zimbabwean government.

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