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Judgment No. CCZ 05/18 1 Const. Application No. 32/17 REPORTABLE (5) JUSTICE (1) ALFRED MAVEDZENGE v MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (2) CHAIRPERSON - ZIMBABWE ELECTORAL COMMISSION (3) ATTORNEY GENERAL CONSTITUTIONAL COURT OF ZIMBABWE MALABA CJ, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, UCHENA JCC & ZIYAMBI AJCC HARARE, 5 JULY 2017 & MAY 31, 2018 T. Musarurwa, for the applicant O. Zvedi, for the first, & third respondents T. M. Kanengoni, for the second respondent GOWORA JCC: This is an application lodged in terms of s 85 (1) of the Constitution. The applicant seeks the following relief: It is ordered that: 1. The application be and is hereby granted 2. Section 192 (6) of the Electoral Act [Chapter 2:13] is declared unconstitutional as it violates ss 235 (1), 235 (3) and 67 (1) (a) of the Constitution of Zimbabwe, 2013 to the

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Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs

Judgment

Question Presented: Applicant seeks declaration of constitutional invalidity of Electoral Act section 192(6), particularly striking the phrase "approved by the Minister" from the provision. Is the Minister's approval requirement tantamount to the ZEC being subject to his direction and control?

Alleged Acts: The applicant argues the respondent should not be authorized to approve regulations made by the ZEC as it allows the Minister to control and potentially block the ZEC Chairperson from executing his functions independently.

Procedural history: The applicant seeks a direct declaration of constitutional invalidity by the Constitutional Court.

Summary: The Court saw the role of the Minister in the provision as not undermining the purpose nor independence of the ZEC. Rather, the Minister's role is an administrative step to make sure ZEC legislation is not in conflict with the law as a whole. The Court saw the applicant's arguments as speculative and without evidence.

Conclusion: The Court dismissed the application for lack of merit and upheld the provision's language.

Legal Issue(s)

EMB Independence

Applicable Law(s): Electoral Act- Section 192(6)

Region: Africa

Country: Zimbabwe

Language of Decision

English

Court: Constitutional Court

Election Type: Review of law

Date of decision: May 31, 2018

Geolocation

Latitude: -17.82166706

Longitude: 31.04164307

: Geolocation

Primary Documents

2018-zwcc-5.pdf
english
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