Judgment No. CCZ 05/18 2
Const. Application No. 32/17
extent that it empowers any person to approve regulations that are made by the second
respondent
3. The phrase “approved by the Minister” is immediately expunged from s 192 (6) of the
Electoral Act [Chapter 2:13].
4. The first respondent to pay costs of suit on a legal practitioner-client scale.
The applicant is a Zimbabwean citizen. He seeks a declaration of constitutional
invalidity of s 192 (6) of the Electoral Act [Chapter 2:13], on the basis that it violates ss 67 (1) (a),
235 (1)(a), 235 (3) and 134 of the Constitution of Zimbabwe. In consequence, he seeks that this
Court strike down or expunge the words “approved by the Minister” from the impugned provision.
The applicant’s main contention is that the Minister of Justice Legal and Parliamentary
Affairs (the “Minister”), should not have the prerogative to approve regulations made by the
Zimbabwe Electoral Commission (ZEC) in terms of s 192(6) of the Electoral Act. The provision
is couched in the following manner:
“192 Regulatory powers of Commission
(1) The Commission may by regulation prescribe all matters which by this Act are required
or permitted to be prescribed or which, in its opinion, are necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Regulations in terms of subsection (1) may provide for—
(a) any matter for which it is expressly provided in this Act that regulations may be made;
(a1) the terms and conditions of service of the employees of the Commission, including
the Chief Elections Officer;
(b) the form of any document to be used in the carrying out of the provisions of this Act;
(c) the duties of constituency elections officers, presiding officers and polling officers
where the electoral officer has made a declaration in terms of subsection (6) of section
twenty-one, including the manner of identifying applicants for ballot papers and the
questions that may be put to such applicants;
(d) the issue of duplicate voters registration certificates and the fee payable therefor;