By Chipo Madhiri
A powerful message echoed through Zimbabwe’s political corridors last week: “Your time is coming. You belong. Your voice matters.”
These words, spoken by FORUS Party President Manyara Muyenziwa, marked the delivery of a petition to Parliament demanding electoral inclusion for Zimbabweans living abroad.
The petition challenges the legality of current voting laws that exclude the diaspora unless they are on government assignments. Citing Section 67 of the Constitution, FORUS argues that the denial of voting rights is not only unconstitutional but also a betrayal of democratic principles.
Muyenziwa’s appeal goes beyond legal reform—it’s a call to recognize the diaspora’s role in shaping Zimbabwe’s future. From economic contributions to civic engagement, she insists that their exclusion weakens the nation’s democratic fabric. The petition outlines a clear legislative path to reform, urging Parliament to act before the next election cycle.
The petition’s delivery has sparked renewed interest among diaspora communities, many of whom have long felt disconnected from Zimbabwe’s political processes.
Below is a petition in full:
Copied To:
- Chairperson, Zimbabwe Electoral Commission (ZEC)
- Minister of Justice, Legal and Parliamentary Affairs
- Minister of Finance and Economic Development
SUBJECT: URGENT REQUEST FOR LEGAL REFORMS TO ENABLE VOTING RIGHTS FOR ZIMBABWEANS IN THE DIASPORA
I. INTRODUCTION: A DECADE OF CONSTITUTIONAL NEGLECT
We, the FORUS Party, representing the collective voice of millions of disenfranchised Zimbabweans both at home and abroad, hereby petition the Parliament of Zimbabwe to immediately grant voting rights to Zimbabweans residing in the diaspora.For too many years, the State has been in wilful defiance of a binding Constitutional Court order and its own treaty obligations, and an estimated 3.2 million citizens—nearly 25% of our nation’s total citizenry— excluded from participating in general elections.
This systematic exclusion was even recently observed during the 2023 Harmonised Elections and condemned by credible international observers (including the EU EOM).
The on-going disenfranchisement is not a matter of logistical challenge but of political will. It is an unconstitutional, economically unjust, and internationally condemned practice that undermines the very foundation of our Republic. We do hereby demand definitive legislative and administrative action before the 2028 electoral cycle begins.
II. BACKGROUND: A PATTERN OF SYSTEMATIC DISENFRANCHISEMENT
The exclusion of the Zimbabwean diaspora from the electoral process is not an oversight; it is codified in discriminatory law and sustained through executive inaction, in direct violation of domestic and international law.
A. Domestic Legal and Judicial Violations:
- Electoral Act [Chapter 2:13], as amended in 2022: Section 23(3) of this Act unconstitutionally limits the right to a postal ballot to only those citizens abroad on state duty and their spouses. This creates an unlawful class distinction, affording a fundamental right to a select few while denying it to millions of ordinary citizens. This provision is the primary legislative tool of disenfranchisement.
As a signatory, Zimbabwe is bound by Principle 7.4, which mandates member states to “take all necessary measures and arrangements to ensure that all eligible citizens are given an opportunity to exercise their right to vote.” The SADC Parliamentary Forum’s 2023 election report explicitly cited Zimbabwe’s failure to implement diaspora voting as a “flagrant breach of this principle.”
Moreover, Article 17(1) of the Charter, which Zimbabwe has ratified, obligates State Parties to “promote, protect and preserve the principle of the right to participatory democracy.” The blanket exclusion of a quarter of the population directly contravenes this core tenet.
III. THE COMPREHENSIVE CASE FOR REFORM
A. Constitutional & Judicial Imperatives: The Foundation of Our Law
The current legal framework is constitutionally indefensible.
Provision
Violation
Sec 56(3)
Unlawful discrimination on the grounds of location
Sec 67(1)
Violation of universal adult suffrage
CCZ 1/2013
Sustained contempt of the Constitutional Court
Detailed Explanation:
- On Section 56(3) (Equality & Non-Discrimination): This section guarantees every person equal protection and benefit of the law, expressly forbidding unfair discrimination. By creating a system where a citizen in Harare can vote but a citizen in Johannesburg cannot, the state is discriminating based on geographic location, which is not a constitutionally permissible basis for limiting a fundamental right.
- On Section 67(1) (Political Rights): This section guarantees every Zimbabwean citizen the right to vote in all elections “peacefully, freely and fairly.” The term “universal adult suffrage” implies that the right extends to all citizens who meet the age requirement, regardless of their location. The current system violates the principle of universality.
- On Regional Precedents: Our position is supported by progressive jurisprudence across Africa. In Richter v The Minister for Home Affairs (2009), South Africa’s Constitutional Court ruled that logistical and financial difficulties are not sufficient grounds to deny citizens their right to vote. More pointedly, in Okiya Omtatah Okoiti v IEBC (2015), the High Court of Kenya not only affirmed the diaspora’s right to vote but compelled the electoral commission to implement it within a strict 12-month timeframe, setting a precedent for time-bound judicial enforcement.
Zimbabwe’s violations are active and deliberate because legislation-wise the Electoral Act codifies discrimination by limiting external voting to Zimbabweans on government mission. More-so executive inaction persists despite CCZ 1/2013 ruling a; 12 year outstanding constitutional court order. Regional bodies (SADC, AU) have documented non-compliance. These breaches erode Zimbabwe’s legitimacy as a democratic state under African and international law.
International Covenant on Civil and Political Rights (ICCPR)
As a party to the ICCPR, Zimbabwe is bound by Article 25, which states that every citizen shall have the right and opportunity to vote at genuine periodic elections without “unreasonable restrictions.” The exclusion of millions of citizens who are otherwise eligible constitutes a textbook example of an unreasonable restriction, placing Zimbabwe in breach of its core human rights obligations.
B. Economic Justice: No Representation for the Nation’s Economic Engine
The economic argument for diaspora voting is overwhelming. The Zimbabwean diaspora is not a detached entity; it is the economic lifeblood of the nation.
- Annual diaspora remittances now exceed US$1.8 billion, officially accounting for nearly 20% of GDP when informal flows are considered.
- According to a 2024 World Bank report, these funds directly support 63% of all urban households and a significant portion of rural families, providing a crucial social safety net that the state cannot.
This constitutes the most extreme form of fiscal tyranny: the state relies on the diaspora as its largest single source of foreign currency and a pillar of its economy, yet denies this very constituency a voice in how that economy is governed. It is a flagrant violation of the democratic principle of “no taxation without representation.”
IV.Proposed Solutions & Practical Roadmap for Diaspora Voting in Zimbabwe
Zimbabwe’s continued exclusion of its diaspora from national elections is a constitutional breach that undermines democratic participation. With over 115 countries successfully implementing diaspora voting, the barrier is not logistics—it is political will. This roadmap offers a phased, accountable, and inclusive strategy to enfranchise Zimbabweans abroad.
A. Legislative & Structural Reforms: Anchoring the Right to Vote
To restore constitutional integrity, we propose time-bound legal reforms that guarantee diaspora voting rights.
Action
Deadline
Responsible Body
Repeal Electoral Act Section 23(3)
30 November 2025
Minister of Justice
Enact a comprehensive Diaspora Voting Law
31 March 2026
Parliament
Delimit a minimum of 5 non-territorial Diaspora Constituencies
31 March 2026
ZEC
Key Legal Provisions to Include:
- Universal suffrage for all Zimbabwean citizens abroad.
- Legal recognition of postal, electronic, and in-person voting abroad.
- Special accommodations for voters with health or legal constraints.
B. Administrative Implementation: Building the Voting Infrastructure
Legislation must be matched by robust administrative action. The following steps ensure operational readiness.
Task
Agency
Deadline
Establish a fully-resourced Diaspora Voting Unit
ZEC
1 December 2025
Publish a detailed, costed implementation plan
ZEC
28 February 2026
Allocate dedicated funding in the National Budget
MoF
31 October 2025
Train and appoint consular staff as voting officers
MoFA
15 January 2026
Voting Mechanisms to Deploy:
- Registration at embassies and consulates.
- Secure postal and electronic voting systems.
- Designated polling stations abroad.
C. Civic Education & Voter Engagement
Empowering the diaspora requires more than access—it demands awareness. - Launch civic education campaigns tailored to diaspora communities.
- Disseminate multilingual materials on voting rights and procedures.
- Host webinars and town halls via embassies and diaspora networks.
D. Strategic Partnerships & Representation
To ensure legitimacy and reach, collaboration is essential. - Partner with diaspora civil society organizations for registration and mobilization.
- Explore formal representation through diaspora constituencies in Parliament.
- Engage diaspora leaders in policy consultations and electoral planning.
E. Monitoring, Evaluation & Global Benchmarking
Transparency and accountability must guide implementation. - Establish an independent oversight body to monitor progress and compliance.
- Conduct regular audits and publish public reports.
- Benchmark against international best practices to ensure security and efficiency.
V.Final Plea & Conclusion
FORUS Party calls upon the Parliament of Zimbabwe to recognize and restore the constitutional rights of Zimbabweans living abroad. Diaspora voting is not a privilege—it is a democratic imperative. For too long, millions have been excluded from shaping the future of the nation they love and support.
This is a plea for inclusion, not confrontation. We urge our elected leaders to act with courage and integrity: to amend the laws, allocate the resources, and initiate the public processes necessary to enfranchise the diaspora. The legitimacy of our democracy depends on it.
Let this petition be a turning point—a moment where Zimbabwe chooses unity over division, progress over delay, and justice over silence.
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