Judgment No. CCZ 05/18 14
Const. Application No. 32/17
that the process surrounding the making of the regulations is fair and transparent. The applicant
ought not to succeed in having a provision of the Electoral Act expunged based on mere
unsubstantiated suspicions of bias on the part of the first respondent. It is worth reiterating that the
approval that is sought from the Minister is not so that he gives his personal views concerning the
substance of the regulations, but it is sought in order for him to exercise his Administrative
functions as the lawful Administrator of the Electoral Act.
It is further contended by the applicant that the Minister is in violation of the former’s
rights because he has failed to put in place the legislative measures contemplated in s 235(2) of
the Constitution to facilitate the realignment of electoral laws with the Constitution. Section 235
enshrines the independence of ZEC. There is nowhere in the papers where the lack of independence
of this body is addressed. There is no indication that at any stage there was an attempt by the
applicant to bring to the attention of the Minister the lack of conformity of any provisions of the
Electoral Act with the Constitution.
He alleges that the Minister has failed to re-align s 192(6) of the Act with s 235(1) of
the supreme law. This allegation is clearly premised on the issue relating to approval dealt with
above and needs no further comment. Other than this allegation, no foundation has been made for
an application to have the relief being granted on the allegation of failure to comply with s 235 of
the Constitution. No such failure has been established.