Harare: Zimbabwe’s government has ruled out a Diaspora vote in the upcoming harmonised elections citing constitutional provisions.
The opposition is pushing for a Diaspora vote among other several electoral reforms to guarantee a free, fair and credible election.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi argued Zimbabwe’s constitution does not provide for a Diaspora vote as in other countries.
“If you look at the Constitution it has no provision that is expressed which gives the Diaspora the right to vote but the constitution in Section 92 explains that those that vote must have been registered within Zimbabwe,” Ziyambi told a local radio station.
“The argument that has been given is that other constitutions which are comparable to ours allow it, which is correct. But in our constitution there is absence of reference to citizens who reside outside the country, it’s not there and you can contrast it with section 92 of the Kenyan constitution which states that ‘Parliament shall enact legislation to provide for the progressive registration of citizens residing outside Kenya and the progressive realisation of their right to vote.”
The country’s Constitutional Court in March reserved judgment in a case where locals based outside the country are seeking a judgment directing electoral authorities to allow a Diaspora vote.
This followed an application by three applicants led by human rights lawyer Gabriel Shumba seeking an order compelling Ziyambi and the Zimbabwe Electoral Commission (ZEC) to facilitate the amendment of the Electoral Act (Chapter 2:13) to enable Zimbabweans living and working abroad to participate in the country’s electoral processes.
Under the current legislative framework, Zimbabweans living abroad cannot participate in the 2018 general elections due to the restrictive provisions of the Electoral Act.