THE Zimbabwe Electoral Commission (Zec)’s promulgation of new postal voting regulations faces another challenge from civic group Project Vote 263 which is demanding nullification of the changes.
Zec gazetted Statutory Instrument 140 of 2023 on August 3, amending section 75(1)(d) of the Electoral Act, to allow the chief elections officer to receive postal votes not later than three days instead of 14 days before the polling day.
In an urgent application to the High Court, Project Vote 263 director Allan Chipoyi said the new regulations undermined the credibility of the elections.
“In the present application, I seek an order of constitutional invalidity of regulations that seek to undermine the election by changing the electoral rules after the election has been called in violation of the Electoral Act,” Chipoyi submitted.
“I make the application in the public interest. It is harmful to the interests of the public to violate strict provisions of the peoples’ Constitution which are instilled to protect a free, fair, transparent, lawful, and credible electoral process. The Constitution is sacrosanct.”
Chipoyi cited Zec, chief elections officer Utloile Silaigwana, Justice minister Ziyambi Ziyambi and Attorney-General Prince Machaya as respondents.
“Furthermore, it is harmful to the public for elected members of Parliament to abrogate their primary law-making duties and place the same with the first and third respondents or any other party who is not a member of the Legislature,” he said.
“I aver that sections 192(4) and 192(5)(a) are unconstitutional and harmful as they give first and third respondents the power to alter Acts of Parliament. It is an abrogation of duty by Parliament.
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“The power to make, amend and repeal laws is the domain of Parliament in keeping with the principle of separation of powers as espoused in the Constitution. That primary duty is non-delegable. The impugned provisions of the Electoral Act are harmful as they undermine and threaten our democracy.”
Self-exiled former Cabinet minister and presidential aspirant, Saviour Kasukuwere, is also challenging the SI.
The matter will be heard today by High Court judge Justice Tawanda Chitapi.
