Constitutional Court Rules That Zimbabweans Based In The Diaspora Cannot Vote Unless They Return

The Constitutional Court (ConCourt) has ruled that the Zimbabwean diaspora cannot vote from outside the country. The full bench of the Constitutional Court led by Chief Justice Luke Malaba said that it will provide reasons for why it dismissed the case later.

The court challenge had been brought by three Zimbabweans, Gabriel Shumba, Sibonile Mfumisi, who are both based in South Africa, and Darlington Nyambiya, who lives in Britain. The trio which was represented by the Zimbabwe Lawyers for Human Rights (ZLHR) and the Southern Africa Litigation Centre (SALC), was challenging provisions of the Electoral Act, which prevent citizens living outside the country from voting.

The trio had been arguing that sections of the Electoral Act are unconstitutional considering that the Constitution of Zimbabwe which provides for political rights, allows for every citizen of Zimbabwe to participate in political processes regardless of their location.


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Constitutional CourtConstitution of ZimbabweLuke Malaba

The Constitutional Court is the final court of appeals for all matters relating to the Constitution of Zimbabwe, and its decisions are binding on all other courts in Zimbabwe. It has the power to make the final decision on the constitutionality of an act of... Read More About Constitutional Court

The Constitution of Zimbabwe is the supreme law of the Republic of Zimbabwe. Zimbabwe's latest constitution was voted for and approved in a referendum of 16 March 2013. Before the current constitution, Zimbabwe used a constitution negotiated at the 1979 Lancaster House Agreement as Zimbabwe... Read More About Constitution of Zimbabwe

Luke Malaba is a Zimbabwean judge and the Chief Justice of the Supreme Court of Zimbabwe he was appointed Chief Justice of Zimbabwe by former President Robert Mugabe with effect from the 27th of March 2017. Before that he was the acting Chief Justice after... Read More About Luke Malaba

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