Electoral Court Orders Zimbabwe Electoral Commission (ZEC) To Stick To The Law

THE Electoral Court on Thursday issued a mandatory order forcing the country’s poll management body to “perform its duties in accordance with the law”.

Justice Chinembiri Bhunu, according to the order issued, said the Zimbabwe Electoral Commission (ZEC) “admitted to flouting the country’s Constitution”.

“In light of ZEC’s admission that it has not been carrying out its mandatory obligations in terms of section 239 of the Constitution since 1st August 2013, it is necessary for this court to issue a mandatory order to direct the Commission to so within the confines of the available resources suing the methods in its view best suited for the purpose,” said Bhunu sitting as an Electoral Court judge.

“Accordingly it is ordered that ZEC shall forthwith discharge its Constitutional and statutory function in a way it deems best suited for the purpose within the scope and confines of the available resources.”

Bhunu presided over the case in which Zapu leader Dumiso Dabengwa was seeking enforcement of the provisions of the Constitution in relation to the holding of elections in Zimbabwe.

The High Court judge heard the matter on April 27 this year and reserved judgment.

Advocate Tererai Mafukidze, instructed by Bryant Elliot of Zimbabwe Lawyers for Human Rights (ZLHR), represented Dabengwa, a former Home Affairs Minister and revered liberation struggle stalwart.

Dabengwa, in his application, wanted various provisions of the Constitution such as those providing for ZEC to register voters and to compile the voters roll, to be given effect forthwith.

In the run up to the 2013 elections, the 76 year-old nationalist went through agony trying to obtain a copy of the voters roll from ZEC.

He had to engage ZLHR to pressure ZEC, whose conduct he said compromises the holding of free and fair elections.

Other opposition parties, including the MDC formations, have complained that they did not have access to the electronic version of the voters register.

They accuse President Robert Mugabe and his Zanu PF party of stuffing the roll with dead people’s names as a means to rigging elections.

Recently, ZEC allowed the Hurungwe West by-election outcome to stand despite admitting that the winning Zanu PF candidate was not a registered voter in the area.source-newzimbabwe

photo-Rita Makarau