Judgment No. CCZ 05/18 3 Const. Application No. 32/17 (e) such measures to be taken in connection with an election as may be desirable or expedient to ensure that— (i) a person does not cast more than one vote; or (ii) a person who is not eligible to vote does not cast a vote; (f) measures to be taken by employers to provide their employees with an opportunity to vote in any election; (g) the access by journalists to, and their conduct at, polling stations and constituency centres; (g1) facilities enabling electoral officials and other persons who, on polling day in any election are or will be assisting with the conduct of the election, to cast their votes, whether through the medium of postal voting or otherwise; (g2) the membership and functions of multi-party liaison committees as defined in Part XXIA; (h) penalties for contraventions thereof, not exceeding a fine of level ten or imprisonment for a period not exceeding one year or both such fine and such imprisonment. (3) The Commission shall consult the Minister responsible for local government before making regulations in terms of subsection (1) in respect of elections to which Part XVIII applies. (4) Notwithstanding any other provision of this Act but subject to subsection (5), the Commission may make such statutory instruments as it considers necessary or desirable to ensure that any election is properly and efficiently conducted and to deal with any matter or situation connected with, arising out of or resulting from the election. (5) Statutory instruments made in terms of subsection (4) may provide for— (a) altering any period specified in this Act within which anything connected with, arising out of or resulting from any election must be done; (b) empowering any person to make orders or give directions in relation to any matter connected with, arising out of or resulting from any election; (c) penalties for contraventions of any such statutory instrument, not exceeding a fine of level ten or imprisonment for a period not exceeding one year or both such fine and such imprisonment. (6) Regulations made in terms of subsection (1) and statutory instruments made in terms of subsection (4) shall not have effect until they have been approved by the Minister and published in the Gazette.”(Underlining my emphasis) The applicant’s argument is that the impugned provision empowers the Minister to control and even block the Chairperson of ZEC from executing his regulation making function in preparation for elections. He contends further that the Chairperson of ZEC must be allowed to discharge his or her functions independent of the direction or control of anyone.