ERC Criticises ZEC For Refusing To Release Voters' Roll
The Election Resource Centre (ERC) has accused the Zimbabwe Electoral Commission (ZEC) of violating the Constitution by failing to publish the voters’ roll ostensibly to protect voters’ data in accordance with the Data Protection Act.
This comes after High Court judge Justice Never Katiyo rejected an application by Harare North MP, Allan Markham, who sought the court to compel ZEC to release the voters’ roll.
He said the release of the electronic voters’ roll would expose the document to manipulation.
But in a statement issued on Wednesday, ERC said ZEC’s reasons for withholding the Voters’ Roll were unconstitutional and will affect the credibility of the elections. Reads the statement:
The ERC notes the statement made by the ZEC Chairperson Honourable Chigumba in Parliament on 5 April 2023.
The Chairperson is quoted stating that the Electoral Commission is unable to publish the voters’ roll as it has the responsibility to protect the data of voters in accordance with the Data Protection Act.
While the Data Protection Act is there to provide for data protection with due regard to the Declaration of Rights under the Constitution, the act also addresses the protection of data in terms of public and national interest.
Section 11 (5) (h) of the Data Protection Act states that the data controller (ZEC in this instance) shall process sensitive data if, “the processing of data is authorised by a law or any regulation for any other reason constituting substantial public interest.”
Section 21 (3) of the Electoral Act legally authorises the Commission to within a reasonable period of time provide any person who requests it, and who pays the prescribed fee a copy of any voters’ roll either in printed or in electronic form as the person may request.
Therefore, ZEC is legally obligated by the Electoral Act read in line with the Data Protection Act to avail the voters’ roll data, especially as it constitutes substantial public interest as the roll is necessary for electoral participation and the realisation of political rights as envisaged by the Constitution.
The continued denial of the voters’ roll especially, to persons with a legitimate interest in the voters’ roll and free and fair elections, such as political parties, candidates and CSOs under the guise of data protection is unlawful and detrimental to the credibility of the 2023 Harmonised Elections.
The ERC repeats its calls, that the voters’ roll should be made public, as the credibility and validity of the delimitation process and the 2023 Harmonised Elections are dependent on it.
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