Factsheet: “You have a right to see the voters roll”

Zimbabweans have been debating on social media on whether they can access the voters’ roll as part of their democratic rights ahead of general elections expected by August this year. Legislators from rival political parties sparked the latest debate when they demanded that the Zimbabwe Electoral Commission (ZEC) hands over the voters’ register for their proper analysis of the Preliminary Delimitation Report, defining boundaries of parliamentary constituencies and council wards. But the legislators still proceeded with their analysis of the report without the rolls.

What are the provisions of the law regarding access to the voters roll:

Who can access the voters roll?

The Zimbabwe Electoral Act describes the voters roll as a public document which “shall” be open to inspection by the public, free of charge, during ordinary office hours at the Office of the Zimbabwe Electoral Commission (ZEC) or the registration office where it is kept. All voters have a right to inspect the register to ensure that their details are correctly captured.

Where can the registers be inspected?

The law says ZEC shall keep at least one copy of every voters roll at its head office; and (b) at least one copy of each ward and constituency voters roll at all the Commission’s offices within the constituency concerned.

Is it true that only contesting candidates and parties can get copies?

It is not true that the provision of the voters’ roll is only limited to candidates and political parties.

Section 21 (3) of the Electoral Act [Chapter 2:13] says ZEC shall provide any person with a copy of the voters’ roll, either in printed or in electronic form, upon request and payment of a prescribed fee. As detailed in Statutory Instrument 145 of 2022 (Electoral (Voter Registration) (Amendment) Regulations, 2022 (No. 1), voters can access both full or part of the voters’ roll.

How much does it cost?

The current fees for electronic copies are:

• polling station costs ten (10) United States dollars;

• ward costs fifteen (15) United States dollars;

• constituency costs fifty (50) United States dollars;

• provincial costs one hundred and fifty (150) United States dollars;

• national costs two hundred (200) United States dollars;

A hard copy of a monochrome copy of the voters’ roll shall be one $1 United States dollars per page of the national voters’ roll, a polling station voters’ roll, a ward voters’ roll or a constituency voters’ roll, whichever one is sought.

How long does it take to get a copy?

Section 21 (3) of the Electoral Act [Chapter 2:13] does not specify the period one should get the voters’ roll after making a request. The section says that ZEC should provide the roll within a reasonable period of time.

What if ZEC has no offices in a constituency?

In cases where ZEC a has no office in the constituency concerned, the constituency registrar shall have charge and custody of the ward and constituency voters roll for his or her constituency; and (c) shall keep at least one copy of a consolidated national voters roll at the ZEC head office.

What information is contained in a voters roll?

ZEC says the voters roll shall have the names of all registered voters who may vote in a ward and constituency with the voter’s first and last names, date of birth, national registration number and sex; the place where the voter ordinarily resides; and such other information as may be prescribed or as the Commission considers appropriate.

Are political parties entitled to get copies of the voters roll?

Yes, they are. ZEC has a responsibility to provide political parties contesting in elections with a copy of the roll for the prescribed fee, but only after an election has been called.

Who else is entitled to the voters roll?

ZEC is obliged, within a reasonable period of time, to 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.

When should ZEC furnish the roll to candidates?

Section 21 (6) of the Electoral Act [Chapter 2:13] says within a reasonable period of time after nomination day in an election, the Commission shall provide-

(a) free of charge, to every nominated candidate, one copy in electronic form of the voters roll to be used in the election for which the candidate has been nominated; and

(b) at the request of any nominated candidate, and on payment of the prescribed fee, one copy in printed form of the voters roll to be used in the election for which the candidate has been nominated

What are the offences associated with the voters roll?

Section 21(9) of the Electoral Act [Chapter 2:13] says any person who, having been provided with a voters’ roll in terms of the section—

(a) alters the voters’ roll, that is to say, excises any name from, adds any name to or otherwise alters the voters’ roll with intent to misrepresent to any person that the altered voters’ roll is the authentic voters’ roll for any election; or

(b) without the prior written consent of the Commission, makes use of the voters’ roll for commercial or other purposes unconnected with an election shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such a fine and imprisonment.

13. What is the penalty for offences?

Voters roll offences attract penalties of fines, or imprisonment for a period not exceeding five years, or both such fine and such imprisonment.

Sources

Zimbabwe Electoral Commission

Zimbabwe Electoral Act

This factsheet was compiled by Bridget Mabanda, an intern at ZimFact and the deputy news editor of a college fact checking club at Harare Polytechnic initiated by ZimFact.

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