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Judgment No. CCZ 05/18 15 Const. Application No. 32/17 In the circumstances, I do not believe that the applicant can claim with any integrity that the process requiring ZEC to promulgate regulations with the approval of the Minister violates his right under s 67, s 235(1) or 235 (2), as alleged. The application lacks merit and must fail. Accordingly it is ordered as follows: 1. The application is dismissed. 2. There shall be no order as to costs. MALABA CJ I agree GWAUNZA JCC I agree HLATSHWAYO JCC I agree PATEL JCC I agree GUVAVA JCC I agree MAVANGIRA JCC I agree UCHENA JCC I agree

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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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Election Judgments - IFES

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Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs

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