Ms Ethel Tsitsi Mpezeni approached the High Court seeking to bar the Zimbabwe Electoral Commission (ZEC) from providing political parties with a voters’ roll which includes her photograph or anyone else’s. She argues such a voters’ roll violates her constitutional rights to her private life.
In an urgent chamber application which lists ZEC and Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi as respondents, Mpezeni said Statutory Instrument 85 of 2017 is in violation of her constitutional right to privacy. She said the provision of a photograph will enable criminals to clone national identity documents. Part of Mpezeni’s application reads:
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Given that a voters’ roll is accessible to all and sundry, I just feel that this particular requirement goes just way too far in disclosing personal data. The photograph makes it possible for anyone so minded to clone national identity documents without the need for any effort or research, because all the information is available. I do not believe that first respondent should produce a voters’ roll that includes my photograph or anyone else’s. I believe that paragraph 9(c) of Statutory Instrument 85 of 2017 is in violation of the right to privacy as protected under section 57 of the Constitution. I believe that a finding of constitutional invalidity of that one sub-paragraph is called for, and that such a finding would not affect the production of a voters’ roll that can be used in the harmonised elections on 30 July 2018
Ziyambi and ZEC are yet to respond to the application.
The Zimbabwe Electoral Commission (ZEC) is an independent body which controls and or manages all election processes at all levels in Zimbabwe. Despite being registered as a non-partisan body, ZEC has been criticised for aligning itself with the Zimbabwe African National Union Patriotic Front (ZANU... Read More About Zimbabwe Electoral Commission
The High Court of Zimbabwe is one of the Superior Courts of Zimbabwe. The High Court deals at first instance with all high value and high importance cases. It also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeals from the High Court... Read More About High Court
Ziyambi Ziyambi is the current Minister of Justice, Legal and Parliamentary Affairs and member of Zimbabwe African National Union Patriotic Front. Read More About Ziyambi Ziyambi