THE Zimbabwe Electoral Commission (Zec) says the Executive plays a key role in the accreditation of election observers.
Zec chief elections officer Utloile Silaigwana, said the Electoral Act was clear on the accreditation of election observers.
Silaigwana made the comments in his opposing papers where human rights activists Musa Kika, Dephin Magaya, Anold Tsunga and Ancelimo Magaya are challenging a decision by Zec not to accredit them.
“It should also be pointed out that in many respects, due to the composition of Observer Accreditation Committee, the electoral law accepts that there is a significant role of the Executive in the accreditation of observers,” Silaigwana submitted Zec asked the Electoral Court to dump the case since it was challenging an Executive decision. The Executive arm of government includes the President.
“Where such a role has been executed and the commission taken guidance from it in making its decisions, it ought to lie beyond the reach of the courts to afford relief that challenges matters that lie directly within the competence of the Executive such as security of the republic.”
The Zimbabwe Lawyers of Human Rights, who are representing Kika and others, said Zec submissions violate provisions of the Constitution which guide operations of independent commissions.
Section 235(1) reads: “Independent commissions are independent and are not subject to the direction and control of anyone.”
In their submissions before Justice Webster Chinamhora, ZLHR lawyers argued that taking instructions from the Executive was a gross violation of the Constitution.
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Kika rose to fame after he challenged the extension of Chief Justice Luke Malaba’s term and won at the High Court.
As director of the Zimbabwe NGO Human Rights Forum, Kika has confronted government’s alleged human rights violations on local, regional and other international platforms.
According to Zec, Kika was barred from observing the polls because he is a security threat.
“Please be advised that Zec has not approved the accreditation of your client Musa Kiki for security reasons,” wrote Zec deputy chairperson Rodney Kiwa when he denied him accreditation.
The matter is still before the courts.
