CLAIM: The constitution says it (voter’s roll) should be made available by @ZECzim to any Zimbabwean needing it.
Source: Twitter
VERDICT: Inaccurate
Journalist Hopewell Chin’ono posted a tweet following a ruling made by Justice Never Katiyo where Harare North Member of Parliament, Allan Markham was seeking an order for the Zimbabwe Electoral Commission to avail the voters roll to him.
Part of the tweet claimed that ‘the constitution says it (voters roll) should be made available by @ZECzim to any Zimbabwean needing it’.
The claim has been rated as inaccurate because the Constitution does not state this. However, the Zimbabwe Electoral Act does say so.
Background
Markham took ZEC to court in November last year, to compel the institution to give him an electronic copy of the national voters’ roll upon payment of the prescribed price of US$200 pegged for a copy.
In his application, the legislator said he made several attempts to obtain a soft copy of the document from ZEC but he was hitherto frustrated.
He further argued that ZEC is bound by the Electoral Act to furnish him or any other citizen with a copy of the voters’ roll in either hard or soft copy upon payment of the prescribed fee.
Markham wanted the High Court to order ZEC to avail the voters’ roll to him in electronic form as he requested.
However, in his ruling, Justice Never Katiyo dismissed the application citing ‘security reasons’.
The Constitution
The Zimbabwe Electoral Commission is one of what is referred to as the ‘Chapter 12’ institutions. Its functions are set out in Section 239 and these include to register voters; to compile voters’ rolls and registers; and to ensure the proper custody and maintenance of voters’ rolls and registers.
Sections 62 (1) and (2) of the Constitution dealing with access to information provides for the right of every Zimbabwean citizen, permanent resident or juristic person to access any information held by the State or any of its organs at every level provided that the information is required in the interests of public accountability or for the exercise or protection of a right.
The constitution does not, however, set out, specifically, the public’s access to the voters roll.
The Electoral Act
Section 21 of the Act states that:
(1) Every Voters Roll shall be a public document and open to inspection by the public, free of charge, during ordinary office hours at the office of the Commission or the registration office where it is kept.
(2) A person inspecting the voters roll for a constituency may, without removing the voters roll, make any written notes of anything contained therein during office hours.
(3) The Commission shall within a reasonable period of time provide any person who requests it, and who pays the prescribed fee, with a copy of any ward or constituency voters roll, either in printed or in electronic form as the person may request.
Conclusion
The claim that the constitution says it (voters roll) should be made available by @ZECzim to any Zimbabwean needing it has been rated as inaccurate. This is because this access is not guaranteed under the Constitution but is, however, set out in the Electoral Act. The Constitution only mandates ZEC to register voters; to compile voters’ rolls and registers; and to ensure the proper custody and maintenance of voters’ rolls and registers.
