Factsheet: Prisoners cannot vote in Zimbabwe general election - ZimFact
Ngoni Mhuruyengwe
June 13, 2023
This factsheet is part of ZimFact’s response to questions on public interest issues around the Zimbabwe general elections.
What does the Zimbabwe constitution say about this?
The National Constitution of Zimbabwe, in section 67 states that every citizen who is 18 years or older has the right to vote in any election or referendum. In section 155(2) (a) the Constitution implores government to take appropriate measures, including legislative measures, to ensure all citizens qualified to vote are registered as voters.
However, there are a few limitations to this right.
Those convicted of Electoral Laws are disqualified
The Fourth Schedule in Zimbabwe`s Constitution says those convicted of an offence under the Electoral Law, can be disqualified for registration as a voter for five years. This disqualification needs to be confirmed by the High Court.
Do convicts vote in Zimbabwe?
A convict is a person found guilty of a crime by a court of law. Depending on the nature of the crime, some convicts serve prison sentences, others are fined, given community service or suspended sentences.
Those in custody cannot vote
The High Court in Musarurwa and others vs Minister of Justice, Legal and Parliamentary Affairs and Others (HC 4896/17) held that those who are in prisons are allowed to vote but are limited by the residency requirement, which states that one must avail themselves for registration physically and the casting of votes according to section 23 (3) of the Electoral Act. Failure to do so, they forgo the right to vote. This affects those in the diaspora too.
NB: This applies to those awaiting trial in custody.
What about those released from prison?
Those released from prison are considered rehabilitated citizens and enjoy their full rights in society, including voting and participating in elections.
Are there any other countries in Africa that allow prisoners to vote?
Some countries in Africa have made substantive advances and breakthroughs in the promotion of this right with prisoners in South Africa, Ghana, Kenya, Nigeria, Zambia and Uganda being able to vote.
Verdict: No, convicts in custody cannot vote
The 2013 Zimbabwean constitution does not prohibit prisoners from voting, as opposed to the Lancaster House Constitution which stated that those who are convicted for a period of six months and above cannot vote.
However, for those who are serving time, there are no logistical provisions to allow them to vote. So they are legally allowed but practically eliminated from the voting process.
Those convicted of crimes related to the Electoral Act are the only section of convict outrightly barred from participating in elections, as a voter or candidate.
Source
Electoral Act
Musarurwa and others Vs Minister of Justice, Legal and Parliamentary Affairs and others.
Veritas
Zimbabwe National Constitution
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