The Zimbabwe Diaspora Vote Initiative (ZDVI), a civic society organisation advocating for Zimbabweans abroad to vote, has cast doubt on claims that Constitutional Amendment No 3 will enable the diaspora to participate in national elections.
Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi recently told journalists that the Bill — which faces resistance from various quarters — will facilitate diaspora voting.
In a statement on Monday, ZDVI spokesperson Padmore Kufa said the Bill and the diaspora vote were separate issues.
“We find this difficult to understand as nothing in the proposed Constitutional Amendment Number 3 Bill applies to the issue of diaspora voting,” he said.
Kufa argued that diaspora voting is already provided for under section 67 of the Constitution, which grants every Zimbabwean citizen aged 18 and above the right to vote in all elections and referendums to which the Constitution or any other law applies, and to do so in secret.
“We are delighted that the minister has finally agreed that only the Electoral Act needs to be amended to allow diaspora voting,” he said.
He noted that Zimbabwe’s electoral system is polling station-based, as defined by the Electoral Act, not the Constitution.
“Clause 1 subsection (2) of the Constitution of Zimbabwe makes it easy to implement diaspora voting as it allows the electoral law to prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirements must be consistent with this Constitution, in particular with section 67,” Kufa said.
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He added that the provision allows Zimbabweans living abroad to use their foreign addresses to register in constituencies with which they identify in Zimbabwe.
Kufa also referenced remarks made by President Emmerson Mnangagwa, who on September 24, 2018, reportedly acknowledged that diaspora voting was a constitutional requirement, adding that it could have been implemented for the 2018 elections had there been sufficient time to address logistical issues.
“We are opposed to an unprocedural amendment of the Constitution. We also reiterate our earlier position that Zimbabweans living outside the country must participate in the constitutionally required referendum to decide on the proposed amendments which take away Zimbabweans’ right to choose a president of their choice,” he said.
