Lawyer Challenges Law Barring Zimbabweans From Voting Over Lengthy Absence
Prominent Bulawayo lawyer Nqobani Sithole on Tuesday filed a High Court application challenging a law under which Zimbabweans who are absent from the country for a continuous 12 months can be stripped of their voting rights and prevented from contesting in elections.
He argues that the law is unconstitutional.
The law was recently used to bar Saviour Kasukuwere from running for president as an independent.
The self-exiled former cabinet minister has since challenged the ruling at the Supreme Court
Sithole is seeking to have section 23(3) of the Electoral Act declared invalid.
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He is represented by Addington Chinake of Cantor and Immerman.
ZimLive reported that the application by Sithole was not filed as an urgent matter and is expected to be heard after the August 23 elections.
The law says “a voter who is registered on the voters roll for a constituency… shall not be entitled to have his or her name retained on such roll if, for a continuous period of twelve months, he or she has ceased to reside in that constituency…”
Sithole said his application had been filed “in the public interest.” He said:
It is in the public interest that all laws are consistent with the constitution, more so when human rights are involved, and any law which is inconsistent with it is invalid to the extent of the inconsistency.
The Zimbabwe Electoral Commission (ZEC), the Minister of Justice and Parliamentary Affairs and the Attorney General are cited as respondents in the court application.
More: Pindula News
