If Zec fails to meet the demand, which it says it will
respond to through its lawyers, it faces a possible lawsuit. In July after
closure of inspection of the voter’s roll, ERC wrote to Zec requesting a copy
of the electronic voters roll.
On October 20, 2022, Zec agreed, but said it can provide
the voters roll in hard copy format at a cost of US$187 238.
In a letter addressed to Zec chief elections officer Utoile
Silaigwana dated November 7, Tarisai Mutangi of Zimbabwe Lawyers for Human Rights
(ZLHR) on behalf of ERC, said since February 2022 they had been seeking to
access the national voters roll to be used for the delimitation process.
“We are aware that
this costing has its basis in Statutory Instrument 145 of 2022 (Electoral
(Voter Registration) (Amendment) Regulations, 2022 (No1)), which imposes US$1
per page of the roll as the unit price,” Mutangi said.
“Our client is of the view, and we agree, that this cost is
shockingly high and clearly is more than the ‘reasonable costs’ of providing
the voters roll contrary to section 21 of the Electoral Act [Chapter 2:13].”
He described the price as bordering on unconstitutionality
and having a chilling effect on political rights provided for in section 67 of
the Constitution, adding that it made those rights illusory as they were now
dependent on material comfort.
“On the contrary, an electronic voters roll costs US$200,”
Mutangi said.
He accused Zec of refusing with the voters’ roll under the
guise that it was "enhancing the security of the electronic voters roll”.
“Our respectful view is that, once the voters roll is
available in hard copy, so should be the electronic one as both are provided
for in a unitary provision, namely
section 21(4) of the Electoral Act.”
Mutangi said electoral processes should be transparent,
hence the need for Zec to avail the voters roll.
“In the above circumstances, our client is deeply concerned
about the escalating cost of political participation in the country. The
provision of a hard copy voters roll in these circumstances is inconsistent
with these principles, while an electronic copy would address the problem
making elections more transparent.”
Mutangi said there was need for dialogue to find solutions
to the problem before the 2023 elections.
“We look forward to
hearing from you on this matter within seven days of this letter, and your
usual co-operation in treating these matters with the urgency they deserve,” he
said.
Meanwhile, Project Vote 263 executive director Youngerson
Matete has also given a 14-day ultimatum to Zec to avail the electronic voters
roll. Contacted for comment, Zec spokesperson Jasper Mangwana said: “The
commission will respond to ERC through their lawyers.” Newsday
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