RACER petitions Parliament on RG Office reluctance to offer national IDs

Concerned that access to national identification documents has become an impediment for people to register to vote and has the potential to make the voter registration blitz exercise futile, the Residents Coalition for Electoral Reforms (RACER) has petitioned Parliament to take action against such a miscarriage of justice.

The petition was signed by Reuben Akili of the Combined Harare Residents Association (CHRA) and Marvellous Kumalo of the Chitungwiza and Manyame Residents Association (CAMERA).

The Constitution of Zimbabwe (Amendment No. 20), 2013 (Constitution), under Section 149 (Right to petition Parliament), endows citizens and permanent residents with the right to petition Parliament to consider any matter within its authority, including the enactment, amendment, or repeal of legislation.

Section 119 (Role of Parliament) of the Constitution requires Parliament to protect the Constitution and democratic governance in Zimbabwe, and ensure that the provisions of the supreme law are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest, and makes the State and all institutions and agencies of government at every level accountable to Parliament.

RACER petitioned Parliament mindful of the fact that the Constitution under Section 67 (Political rights) gives every Zimbabwean citizen the fundamental right to free, fair, and regular elections for any elective public office. Under Section 155(2)(a) of the same Constitution, the State must take all appropriate measures, including legislative measures, to ensure that all eligible citizens, that is to say, the citizens qualified under the Fourth Schedule, are registered as voters.

Under Section 35(3)(c) all Zimbabwean citizens are entitled to birth certificates and other identity documents and the State has a mandate in ensuring access and acquisition of these documents.

The Zimbabwe Electoral Commission (ZEC) issued an election notice for local authority by-elections in terms of Section 121 of the Electoral Act 2:13 and as prescribed in Section 121A (2) of the same Act of parliament to fill electoral vacancies that were created by recalls and deaths.

ZEC has come up with a schedule and has embarked on a Voter Registration Blitz in various Constituencies and Wards across the country in a bid to register citizens to vote, especially the first time voters who have attained the eligibility age of 18 years.

Holding or possession of national identification documents is one of the pre-requisites to register to vote.

RACER is worried that in some areas indicated on the ZEC schedule for Voter Registration, the officials did not show on the 2^nd of February 2022 at Epworth Primary School as provided in the schedule or timetable.

It is also concerned that S.I. 225A/2020 – Public Health (COVID-19 Prevention, Containment, and Treatment) (Amendment) Regulations, 2020 (No. 4) – indefinitely suspended by-elections citing the COVID-19 pandemic “for the duration of the period of the declaration of COVID-19 as a formidable epidemic disease remains in force even though proclamation and by- election notices have been issued.

The coalition is aware that Section 157(5) of the Constitution states that ‘after an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election.’

RACER is troubled by the fact that the lack of access to national identification documents (IDs) has many setbacks. It now infringes the right to vote and participation of citizens in regular elections, a right that is at the core of democracy and a fundamental value of the Constitution. Lack of IDs is now a major stumbling block to voter registration processes and has the potential to derail the voter registration blitz exercise while violating the right and entitlement of citizens to national registration documents such as birth certificates and identity documents

Petition’s Plea and Prayer:

The Petitioner beseeches the Parliament of Zimbabwe to protect the Constitution and democratic governance in Zimbabwe, ensure that the provisions of the supreme law are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest and account to Parliament by exercising its constitutional mandate to

1. Repeal S.I. 225A/2020 which suspended by-elections in light of the fact that COVID-19 has visibly slowed down.

2. Require the Registrar General to appear before Parliament to publish plans and measures to decentralise national identity documents registration.

Wherefore your petitioners pray that your Honourable House will be pleased to take their case into favourable consideration and grant such relief as it may deem fit.

AND your petitioners, as in duty bound, will ever pray.

Dated at Harare this 4^th Day of February 2021