9
HH 307-18
HC 4863/18
Yours faithfully
Mrs Priscilla M. Chigumba (J)
CHAIRPERSON
ZIMBABWE ELECTORAL COMMISSION
It is evident from a reading of the correspondence that the applicant requested the
respondent to furnish it with a copy of the Provisional Voters Roll referred to as having been
opened for public inspection. The expressed purposes of requiring a copy of the Provisional Voters
Roll were inter-alia, to enable stakeholders like the applicant to “track any changes to the data
collected at registration with the final voters roll” to be used in the 2018 elections. The applicant
submitted in its letter that the provision to it of the Provisional Voters Roll was consistent with
transparency and accountability as well as the verifiability of work being done by the respondent
on the Voters Roll. The applicant emphasized on the need to build public confidence and ultimately
the credibility of elections. The applicant undertook to use whatever information it gathered from
the Provisional Voters Roll to support the respondent’s finalization of the final Voters Roll.
The respondent refused to accede to the applicant’s request. In refusing to provide the
copies, the respondent did not plead that the requested for Provisional Voters Roll was not
available. In fact, it would have been absurd for the respondent to argue so because its statement
inviting inspection of the Provisional Voters Roll is clear that there is in existence, a public
document, viz, a Provisional Voters Roll opened for inspection. Whether the Roll is in electronic
form in that the inspection process entailed punching details into the computer and information
would reflect on screen which is then used to verify the correctness of captured data, or the roll is
printed on paper is neither here nor there. I say so because there is acceptance by the parties and
in legislation, in particular, the Electoral Act, [Chapter 2:13] that information may be printed or
electronic.
Mr Kanengoni submitted that the verification exercise being carried out by the respondent
was work in progress and that the reference to a Provisional Voters Roll was in fact a reference to
captured data which was being subjected to correction so that a proper Provisional Voters Roll
would then be prepared, followed by the gazetting of the Final Voters Roll. Mr Kanengoni
submitted that the applicants’ request was very much like the case of a litigant or other interested