Removal from voters' roll on disqualification, death or absence

This is dealt with in section 33 of the Electoral Act

Disqualified or dead voters
The constituency registrar must remove as person from the roll if he or she has reason to believe that a voter whose name is registered on a voters roll has become disqualified for registration as a voter, or is dead.

Absence from Zimbabwe
The constituency registrar must remove a person from the roll if he or she is satisfied that a voter registered on a voters roll:

• has been absent from his or her constituency for a period of 12 months or longer and is not a voter who was registered with the approval of the Registrar-General of Voters in a constituency in which he or she was not resident; or
• has left Zimbabwe with the intention of residing permanently outside.

The disqualification for absence for a period of 12 months absence will not apply to the following persons and spouses of:

• A person residing outside his or her constituency while he or she is a Vice-President, Minister, Provincial Governor or Deputy Minister;
• A person performing duties outside the country while in the service of the State;
• A person residing temporarily outside the country serving with an international organization of which Zimbabwe is a member;
• A person employed by a Zimbabwean resident or by a society or company the control and management are in Zimbabwe;
• A body incorporated in Zimbabwe.

However, the constituency registrar may not remove the name of a voter in terms of these provisions unless he or she has first published his or her intention to do so in a newspaper circulating in the area of the voter's last known address and sent to the voter's last known address a written notice of objection addressed to the voter, to which a form of notice of appeal has been annexed.

There are various other provisions of the Electoral Act that will apply to these removal provisions. These provisions relate to constituency registrar's power to take objection to the when he or she has reason to believe that a person is not qualified to be on the electoral roll. Under these provisions the constituency registrar must send a letter of objection to the person concerned with the form that will allow the person to lodge an appeal against the impending removal of that person's name from the roll. Unless that person appeals within 7 days or the constituency registrar withdraws his or her objection on the basis of representations made by the person, the voter's name will be struck off the roll. The appeal will be heard by a designated magistrate who may refer the matter for determination by a judge in chambers. These provisions will apply, with any necessary changes, to removal from the roll in terms of section 33 of the Act.