15
HH 307-18
HC 4863/18
which can arise in future in the process of scrutinizing the continuous voter registration process
and the Final Voters Roll. I therefore determine that the applicant’s papers establish a prima facie
case. This finding compels me in terms of rule 246 to grant the provisional order.
I now need to consider the nature of the provisional relief sought and determine whether to
grant it as sought or as varied. One of the grounds relied upon for petitioning the court on an urgent
basis was that the period for verification of the Provisional Voters Roll was 29 May, 2018 being
the date that I heard the application following its filing the day before. Mr Kanengoni however
submitted that what was ending on 29 May, 2018 was not the process of correcting the voters roll
but that the teams which had been deployed by the respondent to over 10 000 designated points
for the verification exercise would break the deployment. The process of corrections, registrations
and verification of voters would continue at the respondent’s district offices in terms of the law. I
observe that the Electoral Amendment Act No.6/18 has since been gazetted and that it became law
by virtue of a Gazette Extra-ordinary issued late on 28 May, 2018.
The application was therefore heard after the gazetting aforesaid. The parties and myself
were oblivious to the legislative process which had taken place. Mr Maanda submitted that the
applicant would leave it to the court to determine the most appropriate interim relief to grant.
As I write this judgment, the President in the discharge of his constitutional mandate has
by proclamation fixed the dates for nomination and polling, election dates for the harmonized
elections 2018 as well the date for the presidential run-off elections in the event that no presidential
candidate commands the requisite majority to be declared the winner as required by law. I have
already adverted to the fact that any challenges to the voters roll following the proclamation which
has now been made as well as corrections and verifications will be dictated by the provisions of
the Electoral Act as amended. The applicant had prayed in the interim relief that I order the
respondent to furnish the applicant with the Provisional Voters Roll in both printed and electronic
forms for inspection before close of the inspection period on 29 May, 2018. It is not feasible to
order the respondent to furnish the information by a date which has lapsed. The lapsing of the date
does not in my view render the relief sought a brulmen fulmen because the applicant indicated that
it will also use the information for the future whilst the respondent submitted that the process of
cleaning up the voters roll and registration is a continuous process. The respondent’s duty to
publicly account in regard to any issues relating to the voters roll is not affected by the