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  • Zimbabwe's Elections 2013 - Index of Articles

  • Court update: Ruling on the ERC’s request for referral to Constitutional Court set for Friday the 1st of November 2013
    Election Resource Centre
    October 31, 2013

    Magistrate Tendai Mahwe, tomorrow the 1st of November 2013 is expected to deliver his ruling on an application in which the Election Resource Centre (ERC) wants its matter to be referred to the Constitutional Court to test the constitutionality of some provisions of the Electoral Act which criminalises freedom of expression and breaches the organisation and employees’ fundamental rights.

    Magistrate Mahwe made the determination after ERC lawyer, Trust Maanda, a member of Zimbabwe Lawyers for Human Rights filed an application seeking to declare as unconstitutional Section 40 of the Electoral Act for being in breach of Section 61, 62, 64 and 67 of the Constitution of Zimbabwe.

    The ERC represented by its director Tawanda Chimhini also wants the Constitutional Court to declare Section 40 of the Electoral Act as void for being overbroad, vague and imprecise.

    The ERC wants proceedings to be stayed pending the determination by the Constitutional Court of the above-mentioned questions.

    The ERC represented by Tawanda Chimhini were charged together with Farai Saungweme, Wadzanai Previous Nyakudya and Moses Chikora for contravening Section 40 (c) (1) (g) of the Electoral Act ahead of the July 31 harmonised elections for allegedly conducting voter education without the approval of the Zimbabwe Electoral Commission (ZEC).

    The court after hearing arguments for and against the request adjourned to allow the Magistrate to go through the papers and ruling on the matter is expected tomorrow at the Rotten Row Magistrate Courts, Court 4, 8:30am.

    Visit the Election Resource Centre fact sheet

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