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HH 307-18
HC 4863/18
public accountability whilst in terms of s 62 (2) the information must be required for the exercise
or protection of a right.
The applicant averred that it required the Provisional Voters Roll in the interests of public
accountability in that the respondent had a duty to account to the citizenry on the conduct of
electoral issues. The respondent is created by s 238 of the Constitution. Its functions are set out in
s 239. It is mandated to account for its operations and activities to Parliament in terms of s 323 of
the Constitution. That it is accountable to the citizenry is implied in its listed functions which are
of a public nature. In other words, the public can call the respondent to account because what the
respondent does in its functions have a bearing on and affects the enjoyment of political rights of
citizens as enshrined in s 67 of the Constitution. Public accountability cannot be divorced from
transparency. Accountability and openness in matters of public concern lie at the centre of
democratic governance. A public entity and indeed a public servant should not be averse to the
scrutiny of its, his or her functions by the public who are the beneficiaries of the services offered
through the exercise of the given functions. Bureaucracy is old fashioned and must be discarded
in a democratic society. The preamble to the Constitution speaks to the recognition by Zimbabwe
of the “need to entrench democracy, good, transparent and accountable governance and the rule of
law.” Section 3 of the Constitution speaks to founding values and principles on which Zimbabwe
is founded. These include an electoral system which inter-alia is based on free, fair and regular
elections. A Voter’s Roll is an integral part of any electoral system which is based on universal
suffrage and equality of votes. The same section 3, restates the preamble and exhorts all State
institutions and agencies of government to exercise good governance informed or punctuated by
inter alia, “transparency, justice accountability and responsiveness.”
I have considered this application in the light of the facts presented on the papers filed, the
arguments proferred by the respondent through its counsel and the various legislative instruments
which l cited in the judgment. The respondent accepts that the applicant is an interested party in
the voter registration and verification exercises and that the respondent complements the
applicant’s work. In fact, the respondent in its letter encouraged the applicant to “scrutinize the
Provisional Voters Roll as you wish and hopefully share with us your findings in order for us to
make good any issues requiring amendment.” In another breath, however, on being requested for
a copy of the same Provisional Voters Roll to enable the applicant to carry out the complementary