No Election Without Diaspora Vote

Commentary

It is common knowledge that in the last few parliamentary and presidential elections, Zimbabweans outside the country have been denied the opportunity to vote in the country’s elections. The excuse advanced by the authorities was mostly the issue of cost and the fact that the smart sanctions targeted at Harare made it impossible for the ruling party to send their own officials to oversee the postal voting process. In March 2008, not all citizens will be able to vote since the Electoral Act stipulates that only people resident in a constituency in Zimbabwe are able to vote. Postal votes are only allowed for State employees, to the exclusion of citizens in the Diaspora.
The March 2008 elections present the authorities with an opportunity to address this anomaly. The fact that the SADC initiative is aimed at making sure Zimbabwe has a free and fair election, it is imperative that one of the conditions of the negotiation process is to allow the one third or so of the Zimbabwean population outside the country to exercise their Constitutional right to vote. Suffrage is an entitlement every citizen of Zimbabwe should be able to exercise weather they are in the country or not.
Schedule 3, under the supplementary provisions of the Constitution of Zimbabwe currently provides for the requirements voters have to meet in order to be eligible to vote in the country’s elections. Schedule 3, subsection I stipulates the following:



Subject to the provisions of this paragraph and to such residence qualifications as may be prescribed in the Electoral Law for inclusion on the electoral roll of a particular constituency, any person who has attained the age of eighteen years and who is a citizen of Zimbabwe; or (b) ... [Subparagraph (b) repealed by s. 20 of Act 5 of 2005 with effect from the 14th September, 2005.] shall be qualified for registration as a voter on the common roll.
This provisions is further qualified in the Electoral laws of the country. The Supreme law in Zimbabwe is the Constitution. All laws are drawn from its provisions, hence the need to start with amendment of the above provision.
This constitutional provision unless amended before the March 2008 election gives the current incumbents the opportunity to once again disenfranchise more voters this time round than the last time. The residence qualification, which I take it to mean one’s residence in their constituency at the time of registration or voting, will mean that those that where displaced by Operation Murambatswina will find it very difficult to be included in the new voters role - and that is about a million people. Most would find it very difficult to fulfill the residence requirement, as most have either left the country or have moved to their rural homes.
It seems highly improbable for Zimbabwe to have a new Constitution in place before the March 2008 elections. I would advance the time factor as sufficient a reason. However, the much talked about amendment number 18 should be negotiated and be used as a vehicle to include the amendment of the provision outlined above by including the following:


The residence requirement should be repealed and a provision empowering the supreme law to give regard to the fact that we now live in a globalized world, hence the likelihood of all nationals to be in Zimbabwe and in their respective constituencies at the time of elections is highly improbable.
A Constitution should reflect the historical reality of its citizens. It is imperative that all the country’s citizens, no matter were they are in the world be given an opportunity to participate in the political process of their country. Zimbabwe should not be allowed to be an exception. The one reality that will always be with us is the fact that Zimbabweans are now scattered all over the world. This is the legacy that the current leaders will live behind. It is my humble submission then that our suffrage entitlement should reflect this truth.
The current Constitutional provision curtails voting by those that are no longer resident in their constituencies and Zimbabwe in general, hence the unlikelihood of free and fair elections in March 2008 despite the negotiation efforts currently underway.
The writer Lloyd Msipa is a Lawyer and writes from London