Judgment No. CCZ 05/18 4 Const. Application No. 32/17 The applicant alleges that ZEC has authored draft regulations called Electoral (Voter Registration) Regulations, 2017’ and that these are due to be approved by the Minister in terms of s 192 (6) of the Electoral Act. He avers that this exercise is a vicious threat to the fundamental rights conferred on him in s 67 of the Constitution because the Minister is an interested party in the upcoming elections and therefore he cannot be entrusted with the power to approve the regulations. The application is opposed by the Minister who averred in his opposing affidavit that the assumption that the Chairperson of ZEC may be compromised is far-fetched and unjustified as the applicant has failed to point out exactly in what manner the draft regulations are unfair and compromised. He submitted that the approval of the regulations by himself is done in the exercise of his functions as an administrator of the Electoral Act as he is accountable to Parliament in terms of the Constitution itself as well as the Electoral Act. The Minister also averred that the fact that he is mandated by s 192 (6) of the Electoral Act to approve regulations should not be misconstrued to mean that he has power to direct, control and interfere with the functions of the Chairperson of ZEC. Thus the question for determination before this Court is whether the statutory requirement for the regulations to be approved by the Minister is unconstitutional. The applicant’s main argument is that the provision in s 192 (6) of the Electoral Act which stipulates that for the regulations made by the second respondent to be valid, they must first be approved by the Minister, undermines the Constitutionally guaranteed independence of the

Select target paragraph3