18 November 2024
ERC COMMENT ON THE PROPOSALS TO AUTOMATICALLY REGISTER 18 YEAR OLDS
This is an opinion concerning the proposed amendments to the Constitution and the Electoral
Act, which seek to introduce automatic voter registration for 18-year-olds ahead of the 2028
elections. The proposed amendments were announced in a Sunday Mail story titled, “Automatic
Voter Registration for 18 year olds1” published on 10 November 2024, where the story cites
the Minister of Justice, Legal and Parliamentary Affairs, Honourable Ziyambi Ziyambi. A repeat of
a story published earlier this year on 24 March 2024, in the Sunday Mail titled “Constitutional
changes on cards2” which mulled similar amendments. The proposed amendments are
purportedly seeking to address voter registration levels and are meant to streamline the
registration process through transferring the responsibilities to register voters from the Zimbabwe
Electoral Commission (ZEC) to the Civil Registry Department (CRD).
Commentary
Data Privacy Concerns
According to section 10 of the Cyber & Data Protection Act, personal information may only be
processed where one consents to the processing of such data. The current registration model
requires the collection of personal and biometric data upon consent by one presenting themselves
at a registration centre for registration. The current proposals will seemingly bypass the consent
requirement and raise privacy concerns around the use of personal data.
Independence of the Zimbabwe Electoral Commission
The law must safeguard the independence of the Zimbabwe Electoral Commission (ZEC). The
proposed amendments do not uphold, guarantee, assist, protect or further the independence of
the Electoral Commission in violation of the Constitution and the SADC Principles and Guidelines
Governing Democratic Elections. ZEC has long been making recommendations to strengthen the
independence of the Commission including recommendations submitted by ZEC in 2019 which
continue to be ignored.
Historical Context
The proposed amendments call for a return to the old system of electoral administration where
the registration of voters was conducted by the now repealed Registrar-General of Voters
(repealed in General Laws Amendment Bill 2015). Electoral stakeholders including political
parties and civil society organisations had long been critical of the Registrar-General of Voters
office formerly held by Tobaiwa Mudede. Former ZEC Chairperson, Simpson Mtambanengwe,
had previously noted that the Registrar-General of Voters ought to operate under the supervision
of the Commission in conducting voter registration. Noting the difficulty of separating duties and
roles between the Electoral Commission and other state institutions.
Piecemeal Approach to Amendments
The ERC believes that any amendments to electoral laws should be undertaken after wide
ranging consultations pertaining to ALL aspects of the election including addressing
recommendations made by Election Observer Missions following the 2023 Harmonised Election
and not nitpicking amendments in a piecemeal manner.
What the government ought to do
If the government wants to change the practices concerning improving the registration of voters,
it has the following options;
● Support collaboration between the Zimbabwe Electoral Commission and the Civil Registry
Department through practice and/or policy changes that allow the Electoral Commission
to coordinate voter registration with the Civil Registry without taking away the function
from the Commission.
● Adequately fund the Electoral Commission to carry out periodic voter registration blitzes
that support the continuous voter registration targeting areas with low rates of registration.
● The Government should call on the Commission to partner with civil society organisations
in voter registration exercises noting the successes in the mass registration of voters in
2018 where ERC and others had partnered with the Electoral Commission.
● Any consultation regarding amendments to electoral laws should be wide-ranging and
pertain to all aspects of the election including addressing recommendations made by
electoral stakeholders.
● The government must formally announce a roadmap towards the 2028 polls, including
timelines for gathering public input on areas of reforms, as well as setting up a Multi
Stakeholder Platform to coordinate this effort.
FOR MORE INFORMATION
Executive Director: +263 773 963 785
Tel: 0242-752774
Toll Free: 08080 219
information@erczim.org
Twitter; @ercafrica
Instagram: @ercafrica
Facebook: Election Resource Centre Zimbabwe
