Communication 430/12 – Gabriel Shumba and Others (represented by Zimbabwe
Lawyers for Human Rights) v The Republic of Zimbabwe
Summary of the Complaint
1. The Secretariat of the African Commission on Human and Peoples’ Rights (the
Secretariat) received a Complaint on 27 December 2012 against the Republic of
Zimbabwe1 (the Respondent State) from Zimbabwe Lawyers for Human Rights
(the Complainant) on behalf of Gabriel Shumba, Kumbirai Tasuwa Muchemwa,
Gilbert Chamunorwa, Diana Zimbudzana and Solomon Sairos Chikohwero (the
Victims).
2. The Victims are all Zimbabwean citizens who have lived and worked in the
Republic of South Africa (South Africa) for varying periods of time, although
none holds South African citizenship or is a permanent resident of South Africa.
The Complainant avers that the Victims are all loyal and patriotic citizens of
Zimbabwe and that they had previously registered for and voted in past
elections. The Complainant submits that the Victims continue to retain active
family ties in their home country, and, intend to return and permanently live in
Zimbabwe. The Complainant adds that the Victims keenly monitor events in
Zimbabwe and retain a vested interest in its electoral processes.
3.
The Complainant alleges that despite the patriotism of the Victims and desire to
continue their involvement in the political affairs of their home country, the
Victims were denied the right to vote in the Constitutional Referendum of 16
March 2013 because they were unable to travel to Zimbabwe on polling day. The
Complainant further alleges that the Victims were prevented from voting despite
having participated in the Constitution drafting process, through public
consultations and meetings of the diaspora with Zimbabwean authorities,
specifically with the Select Committee of Parliament in 2010, in Johannesburg,
South Africa.
4. The Complainant alleges that the laws of Zimbabwe limit the right to vote on the
basis of residency, and contends that this is discriminatory, as all citizens of
Zimbabwe should be able to exercise their right to participate in government, as
provided for in the African Charter on Human and Peoples’ Rights. The
Complainant specifically refers to Section 58 of the Constitution of Zimbabwe (as
amended in 2007), which places a residency requirement for prospective voters,
and Section 72 of the Electoral Act of Zimbabwe (2005), which only allows
absentee voting through post for Zimbabweans on duty in government service
1
The Republic of Zimbabwe ratified the African Charter on 30 May 1986
1