Advice from Zimbabwe Lawyers for Human Rights on removal from the voters roll

We have provided a number of draft statements for you to use in your hearing, if you wish.

There are 4 different forms depending on whether:
a) you were born in Zimbabwe or
b) you were a permanent resident before you became a Zimbabwe citizen.
and 
1) whether you agree to have your case referred to the High Court; or
2) whether you want to have it resolved at the Magistrates Court.

These latter 2 options are .

1)  Referral of your case to the High Court.  Our lawyers advise this course of action, since the prospects of success are much higher.  But, please be aware that ZLHR cannot guarantee to provide legal representation for you in the High Court and you may need to instruct your own lawyer.  However, your matter may not, in fact, reach the High Court, because numerous test cases and class actions are already before the courts and the outcome of these may result in your case being unnecessary.

2)  If you do not want to run the risk of having to pay for a lawyer or representing yourself in the High Court, you may want to choose the second option where your case is heard by the magistrate.

In each of these scenarios, we have attempted to include all the relevant points of law to which the magistrate should apply his mind.

Feel free to use one of these forms or not, as you choose.

We ask your co-operation, however, in submitting to us the details of the outcome of your hearing at the magistrates court – ie, whether the magistrate agreed to postpone your hearing, or whether he agreed to refer it to the High Court, or whether he made a ruling in the matter and what that was.  

If you send back this information, we can track the decisions being made at these hearings and also try to provide further legal advice and possibly assistance for the first few matters which come before the High Court.

We cannot speak to each and every one of you and give individual advice – we would simply be swamped!  Please therefore simply state the relevant information (eg name, case number, contact phone and date of hearing) and send this to us via fax on Harare 251468, or by mail to P O Box CY 1393 Causeway.  If you have email, please submit this information to zlhr@icon.co.zw.

We very much regret that we cannot reply to you individually, but hope you that you will be able to assist yourself by use of these forms and any subsequent advice we will be circulating.

Copies of the forms will be sent out on the email and will also be made available at the magistrates court at 8:30 each day that the hearings are scheduled – provided we can find volunteers to do this.  Additionally, copies can be collected from the law firms of Kantor & Immerman and Gollop & Blank in Harare.  More collection places will be notified in due course.