ConCourt dismisses challenge of Justice Minister’s powers to approve or disapprove ZEC regulations

THE Constitutional Court (ConCourt) on Thursday 31 May 2018 dismissed an application filed by constitutional lawyer Justice Mavedzenge challenging the constitutionality of section 192(6) of the Electoral Act, which gives the Minister of Justice, Legal and Parliamentary Affairs powers to approve or disapprove regulations formulated by the Zimbabwe Electoral Commission (ZEC).

Mavedzenge petitioned the ConCourt in May 2017 seeking an order to declare Section 192(6) of the Electoral Act constitutionally invalid, arguing that the section gives Justice, Legal and Parliamentary Affairs Minister powers to interfere with the operations of ZEC, which is supposed to operate independently.

In court, Mavedzenge, who was represented by Advocate Tazorora Musarurwa and Innocent Maja in a case supported by Zimbabwe Lawyers for Human Rights, argued that the Minister of Justice, Legal and Parliamentary Affairs’ involvement amounts to interference and also undermines the independence of ZEC.

But in a judgment handed down on Thursday 31 May 2018, the Full ConCourt Bench dismissed Mavedzenge’s application.

Source: Zimbabwe Lawyers for Human Rights

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