9 May 2018

Zimbabwe: Mangoma Seeks Nod to Petition Concourt to Compel ZEC and Ziyambi to Annul and Align Defective Provisions of Electoral Act

Opposition political party leader Elton Mangoma has petitioned the Constitutional Court (ConCourt) seeking an order to be allowed to present a substantive application to nullify some defective provisions of the Electoral Act and align them with the Constitution before the promulgation of a proclamation for the 2018 harmonised elections.

Through his lawyer Chris Mhike, a member of Zimbabwe Lawyers for Human Rights, Mangoma, the leader of Renewal Democrats of Zimbabwe (RDZ), filed an application for direct access to the ConCourt on Wednesday 02 May 2018 seeking an order to be allowed to present a substantive application, whose effect would be to nullify some offending legislative provisions of the Electoral Act on account of their inconsistency with the Constitution.

Mangoma wants the ConCourt to grant him leave to exercise direct access to the apex court for a determination of relevant constitutional questions regarding the Electoral Act.

The RDZ leader has requested to be allowed to file an application in the ConCourt seeking an order to compel Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi to ensure a comprehensive amendment of the current electoral law by the legislature ahead of the 2018 harmonised elections, so as to align pertinent provisions of the Electoral Act with the Constitution in terms of section 117(1) of the Constitution.

In the application, Mangoma argued that various provisions of the Electoral Act are out of sync with several constitutional provisions relating to elections.

The opposition political party leader listed Hon Ziyambi, Zimbabwe Electoral Commission (ZEC), ZEC Chairperson Justice Priscilla Chigumba and Attorney-General Advocate Prince Machaya as respondents.

Mangoma, who argued that his application is in the interests of justice, also wants the ConCourt to compel Hon. Ziyambi, ZEC and Justice Chigumba to ensure compliance with elections related provisions of the Constitution by relevant electoral officials.

Mangoma has listed some of the offending legistaive provisions of the Electoral Act as sections 9(2), 9(5), 12(1), 18(5), 23, 26A, 27, 33, 35, 40H, 40I, 55, 59, 116, 117, 118 and 156 of the Electoral Act.

Source: Zimbabwe Lawyers for Human Rights

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