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This article participates on the following special index pages:
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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