Harare: Zimbabwe’s Constitutional Court has reserved judgment in a case where locals based outside the country are seeking a judgment directing electoral authorities to allow a diaspora vote in the upcoming elections.
Under the current legislative framework, Zimbabweans living abroad cannot participate in the 2018 general elections due to the restrictive provisions of the Electoral Act.
The new government led by President Emmerson Mnangagwa have shown a lot of interest o diaspora investment into the country and less will when it comes to their right to vote in the coming election.
The Full Bench of the Constitutional Court led by Justice Elizabeth Gwaunza heard arguments from the applicants’ lawyer Advocate Thabani Mpofu instructed by Zimbabwe Lawyers for Human Rights (ZLHR) and the Southern Africa Litigation Centre (SALC) and from some lawyers representing the respondents.
ZLHR and SALC had argued that the residents’ requirements imposed under the Electoral Act are unconstitutional and that the new Constitution, which provides for political rights, allows for every citizen of Zimbabwe to participate in political processes wherever they are.
In his arguments, Advocate Mpofu asked the Constitutional Court to grant an order sought by the three applicants led by human rights lawyer Gabriel Shumba and two other applicants to compel the respondents, who include the Minister of Justice, Legal and Parliamentary Affairs and the Zimbabwe Electoral Commission (ZEC) among other respondents, to facilitate the amendment of the Electoral Act (Chapter 2:13) and put appropriate measures so as to enable Zimbabweans living and working abroad to participate in the country’s electoral processes.
