FORUS Petition Sparks Urgent Debate Over Diaspora Disenfranchisement

Reporter

The FORUS Party(image source)

The submission of a petition by the FORUS Party to Zimbabwe’s Parliament has ignited fresh debate over the country’s electoral laws and the rights of its diaspora. With over three million Zimbabweans living abroad, the petition demands immediate reforms to the Electoral Act to allow their participation in national elections. FORUS President Manyara Muyenziwa framed the issue as one of justice and representation. “They do not ask for privilege—they ask for participation,” she said, pointing to the diaspora’s economic contributions and civic stake in the country’s future. The petition argues that current laws violate constitutional guarantees and perpetuate systemic exclusion. While Parliament has yet to respond, the petition has already galvanised support among civil society groups and legal experts. FORUS has pledged to continue mobilising diaspora communities and pressuring lawmakers to act before the 2028 elections. The party’s push signals a growing demand for inclusive governance and electoral accountability.

Political analysts suggest that the petition could reshape the national conversation around citizenship and participation. With the 2028 elections looming, parties may be forced to clarify their positions on diaspora voting, potentially influencing campaign strategies. FORUS’s move is seen as a strategic effort to redefine the electorate and expand democratic engagement.

Below is the Petition in full:

 Copied To:

1. Chairperson, Zimbabwe Electoral Commission (ZEC)

2. Minister of Justice, Legal and Parliamentary Affairs

3. 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.