Zimbabwe Electoral Commission (ZEC) has been accused of breaching the law after turning down local observer applications of pro-democracy campaigners ahead of Wednesday's plebiscite.
In a statement by Zimbabwe Lawyers for Human Rights (ZLHR), the electoral body is accused of contravening Section 68(1) of the Constitution.
Some of the prominent names on the list of observers turned down by ZEC include Bishop Magaya, Musa Kika, Arnold Tsunga, Tapiwa Chiriga, Rashid Mahiya, Rachel Kadau and Dephin Magaya.
According to ZLHR, ZEC failed to provide compelling reasons as to why they barred the observers and cited undisclosed "security reasons".
"While Magaya, Kika, Tsunga, Chiriga, Mahiya, Vava, Kadau & Magaya were awaiting to be accredited by ZEC to observe elections, their representatives who made inquiries with the elections management body, were told that their applications had been rejected with no reasons being given," ZLHR said on X, formerly Twitter.
The aggrieved clergyman, human rights lawyers and pro-democracy campaigners have since engaged lawyers from ZLHR, who have written to ZEC protesting the elections management body's decision.
In terms of section 68(1) of the Constitution, their clients have a right to administrative conduct that is lawful, substantially, and procedurally fair.
ZLHR lawyers, Tinashe Chinopfukutwa, Kelvin Kabaya and Chris Mhike protested that ZEC's conduct and arbitrary decision in declining their clients' application for accreditation as election observers saying the move was procedurally unfair and a violation of their right to administrative justice as provided in terms of section 68 of the Constitution.
The lawyers argued that their clients have a right to be furnished with written reasons explaining ZEC's refusal of their applications for accreditation to observe the elections.
Furthermore, Chinopfukutwa, Kabaya and Mhike said ZEC had an obligation to allow their clients to make representations before an adverse decision is taken against them and the failure by the elections management body to afford them the right to be heard makes the decision declining their applications for accreditation as election observers manifestly unfair and unlawful.
The human rights lawyers asked ZEC to furnish them with written reasons outlining why their clients' applications were denied.
"Given that the election is imminent, Chinopfukutwa, Kabaya and Mhike told ZEC that failure to furnish them with the requested information would result in them approaching the High Court on an urgent basis to challenge the elections management body's arbitrary decision and conduct."
