11
HH 307-18
HC 4863/18
the Provisional Voters Roll is ready for inspection, the various polling station voters rolls will be
made available for those persons who, for one reason or other will not be able to present themselves
physically at inspection centres for inspection.” The statement is a curious one. It says “ once the
Provisional Voters Roll is ready for inspection ….”, virtually insinuating that there is no ready and
available Provisional Voters Roll, yet the public was advised of the existence of the Provisional
Voters Roll and encouraged to check it for errors and changes which the registrants considered
convenient to make like changing polling stations. What is implied in the statement is that there
will be another Provisional Voters Roll. Assuming that this will be so, the question is whether or
not the respondent can choose which Provisional Voters Roll to release and which one to withhold
if both are public documents. The respondent then stated that the Provisional Voters Roll will be
availed to persons who will have failed to present themselves physically at inspection centres to
verify their registrations. I could not find nor was I addressed by Mr Kanengoni as to the provisions
of the law which allow the respondent to give directives and qualifying conditions for a voter to
obtain a copy of the Voter Roll. In other words, it is not open to the respondent on receiving a
request for a copy of the Voters Roll to require that the person making the request should first
show why he or she did not present himself or herself physically at an inspection centre. In terms
of s 21 of the Electoral Act as amended, a Voters Roll, be it a Constituency Voters Roll or a
Consolidated Voters Roll is a public document open for inspection where the respondent keeps it.
Further, the respondent is under legal obligation upon request by any person for a copy of any
Voters Roll to provide such copy in printed or electronic form as the person might request subject
to the condition that the person requesting for the copy pays the prescribed fee.
Argument was presented by Mr Kanengoni that whilst the Electoral Act provided for “any
person’s” right to access a Voter Roll, the Act envisaged such rights to relate to a final Voters Roll
and not a Provisional Voters Roll still undergoing corrections. Admittedly, there is no definition
or mention of a Provisional Voters Roll in the Electoral Act. The Act defines Voter Roll as; “Voters
Roll” means (unless expressly otherwise specified) the Voters Roll for a Ward.” I will not detain
myself with the argument whether a Provisional Voters Roll, so called, by the respondent falls
within the meaning of a Voters Roll to which every person has access and entitlement to request
for a copy. The argument does not detain me because the crux of the applicant’s argument on its