ERC was left peeved after ZEC refused to give it an electronic copy of
the delimitation voters’ roll and demanded that the elections watchdog
pay US$187 238 as the cost of providing the electoral register, citing
provisions of Statutory Instrument 145 of 2022 Electoral (Voter
Registration) (Amendment) Regulations, 2022 (No.1), which imposes US$1
per page of the roll as the unit price.
The elections watchdog had written to ZEC soon after the closure of
the inspection of the voters’ roll for the delimitation process in
July requesting to be furnished with an electronic copy of the
delimitation voters’ roll.
But in response to the ERC’s request, ZEC on 20 October 2022 acceded
to the elections watchdog’s request but only undertook to provide it
with the delimitation voters’ roll in hard copy format and provided a
quotation of US$187 238 for its acquisition.
This compelled ERC to engage Dr Tarisai Mutangi of Zimbabwe Lawyers
for Human Rights, who on 7 November 2022 wrote a letter to ZEC
protesting that such a cost is shockingly high and more than the
“reasonable costs” of providing the delimitation voters’ roll and is
contrary to provisions of section 21 of the Electoral Act.
Dr Mutangi further argued that the exorbitant cost of the delimitation
voters’ roll, borders on unconstitutionality as it has a chilling
effect on curtailing enjoyment of political rights provided in section
67 of the Constitution and makes these fundamental rights illusory as
they are now dependent on material comfort.
On the contrary, Dr Mutangi noted that an electronic copy of the
delimitation voters’ roll only costs US$200.
ZEC also declined to provide ERC with an electronic copy of the
delimitation voters’ roll on the basis that the elections management
body is in the process of enhancing the security of the electronic
voters’ roll and did not provide an indication as to when its process
will be finalised.
The human rights lawyer insisted that once the delimitation voters’
roll is available in hard copy so should be the electronic one as both
are provided for in a unitary provision, namely, section 21(4) of the
Electoral Act.
Dr Mutangi protested against ZEC’s justification for withholding the
electronic voters’ roll saying it borders on irrationality and thus is
potentially unconstitutional in view of the provisions of section 68
of the Constitution.
He stated that ERC is highly concerned about the escalating cost of
political participation in Zimbabwe as the process of accessing
information held by an elections management body should be simple,
quick and affordable. Therefore, Dr Mutangi said, ZEC’s offer to
provide the elections watchdog with a hard copy of the delimitation
voters’ roll instead of the requested electronic version, which would
make electoral processes more transparent, is inconsistent with the
principles stated above.
Dr Mutangi said ERC is willing to give dialogue a chance in resolving
the impasse between itself and ZEC, which should lead to finding
solutions that permanently resolve problems related to the provision
of the voters’ roll as the nation prepares for the 2023 general
elections and would only resort to instituting litigation processes as
a last resort.
Dr Mutangi asked ZEC to respond to ERC’s letter within seven days.
Post published in: Featured