Registrar General of Elections and Others v. Tsvangirai
Published: 27/Feb/2002
Source: Supreme Court of Zimbabwe
(30/2002) [2002] ZWSC 12
CHIDYAUSIKU CJ: The respondent in this case launched a court application in the High Court in which he sought the following relief:
IT IS ORDERED THAT:-
- In order to comply with Schedule 3 paragraph 3 of the Constitution of Zimbabwe, the First, Second and Fourth Respondents shall make available forthwith to the Third Respondent all the records in their possession or under their control containing the full names and particulars of all persons who have, as at the date of this Order, attained the age of 18 years or over and who:
- Are citizens of Zimbabwe; or
- Since 31 December 1985, have been regarded by virtue of a written law as permanent residents in Zimbabwe.
- The Third Respondent shall compile a Common Roll in compliance with section 28(2) of the Constitution of Zimbabwe within one (1) month of the date of this Order, containing a full list of all persons who have, as at the date of this Order, attained the age of 18 years or over and who:
- Are citizens of Zimbabwe; or
- Since 31 December 1985 have been regarded by virtue of a written law as permanent residents in Zimbabwe;
- The Third Respondent shall add to the Common Roll compiled in accordance with Clause (2) above all persons who provide reasonable proof to his office within one month of the date of this Order that since 31 December 1985 they have been permanent residents in Zimbabwe.
- The Common Roll to be compiled by the Third Respondent in accordance with Clauses (2) and (3) above shall be in the form of one roll and shall consist of all those persons entered on the Common Roll who shall be deemed to be registered on the Common Roll.
- Save as provided for in Clause (3) herein, it shall not be necessary for any person entitled to be placed on the Common Roll to apply to register themselves on the Common Roll.
- The Third Respondent shall allow the following persons to vote at the forthcoming Presidential Election:
- All persons issued with a voters confirmation card or a certificate of registration as a voter in accordance with Section 23(1) of the Electoral Act [Chapter 2:01];
- All persons issued with a provisional identity document in accordance with Section 23(3)(a) of the Electoral Act [Chapter 2:01];
- All persons issued with an identity document in accordance with Section 23(3)(b) of the Electoral Act [Chapter 2:01].
- All persons shall be entitled to vote at the forthcoming Presidential Election at any designated polling booth in Zimbabwe.
- Section 158 of the Electoral Act be and is hereby declared ultra vires of the Constitution of Zimbabwe and invalid.
- Respondents 3, 6 and 10 shall pay the Applicants costs of suit, jointly and severally, the one paying the others, to be absolved.
Read judgment on ZIMLII: https://www.zimlii.org/zw/judgment/supreme-court/2002/12/