Judgment No. CCZ 05/18 13 Const. Application No. 32/17 Thus, it is evident that even though the regulations must be placed before the Minister for approval, they are still subject to mandatory scrutiny by Parliament. They cannot be promulgated unless the Parliamentary Committee tasked with their scrutiny and confirmation has been given the opportunity to do so and has confirmed that they are in compliance with the laws of the country and, more importantly, that they are valid under the Constitution. In his opposing papers the Minister made specific reference to the fact that the regulations must in accordance with the Constitution and be placed before a Parliamentary Committee for scrutiny. The applicant did not choose to make any averments on this process. He does not deny the existence of the Committee, its composition, its impartiality or lack thereof or its functionality. He does not challenge its effectiveness. In short, he ignores its very existence. Assuming that it achieves the purpose for which it is set up under the Constitution, then an attack on the process undertaken by ZEC and the approval of the Minister of that process would place the applicant in an invidious position. In effect, it would leave him without a leg to stand on. He cannot in my view, seek to impugn the process piece meal. Given that the law requires the regulations to be placed before Parliament for scrutiny, the applicant would have to also challenge the process conducted under the aegis of Parliament itself and exhibit that even that process is itself wanting and that it does not ensure that his fundamental right to a free and fair election is at risk notwithstanding the involvement of Parliament at the critical stage. He has not done so. It seems to me that the allegation that the applicant’s right to a free and fair election will be compromised is unfounded and without a basis as there are measures in place to ensure

Select target paragraph3