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:
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.