2
HH 307-18
HC 4863/18
3. That the respondent shall pay costs of this application on a legal practitioner and client
scale.
Interim relief granted
Pending determination of this matter, the following interim relief is granted:
1. The respondent shall forthwith furnish applicant with the provisional voters roll in both
printed and electronic forms, for inspection before closing of the period of inspection on
29 May 2018.
2. That this order shall be served by the applicant’s legal practitioners or the Deputy Sheriff.
The respondent did not file a written opposition on account of time constraints because of
the short notice which it was given, the application having been set down for hearing within 24
hours of its filing. The respondent’s counsel Mr Kanengoni sought leave to make oral submissions
in opposition and there being no objection by Mr Maanda for the applicant, I indulged the
respondent to respond to the application orally as requested.
On the face of it, the application would, to the undiscerning reader, appear simple and
straight forward. However, closely analysed, the application is hardly a simple one. It involves
difficult issues of law and fact as will unfold hereunder.
The applicant is a registered trust. Its beneficiaries in terms of the amended Deed creating
it as registered on 12 February, 2012 are captured as:
“The Beneficiaries:- shall mean all Zimbabweans who behave and participate in elections
and electoral processes for choosing leaders including grassroots based organisations which are
bona fide concerned with participatory and electoral democracy.”
The objectives of the Trust are listed in clause 5 of the Deed of Trust. Clause 5 aforesaid
reads as follows:
“5. Objectives
The objects for which the Trust is established are:
5.1 to facilitate the identification and establishment of polling station based and institution based
voters’ clubs in Zimbabwe.
5.2 to facilitate capacity building of election stakeholders in voter education and election
monitoring.
5.3 to ensure accessibility of credible election related information to electoral stakeholders in
Zimbabwe.
5.4 to facilitate the undertaking of legal proceedings, in Zimbabwe and elsewhere, on behalf of
victims of electoral violence and fraud, and in that regard, to give legal advice to such victims.