Back to Index

This article participates on the following special index pages:

Lawfulness of Zimbabwe Presidential run-off
David Unterhalter, SC Chambers, Johannesburg
June 21, 2008

http://www.southernafricalawcenter.org/salc/newsroom/newsdetail.aspx?id=341510805

Download this document
- Word 97 version (117KB)
- Acrobat PDF version (165KB)
If you do not have the free Acrobat reader on your computer, download it from the Adobe website by clicking here.

Memorandum

Of Wim Trengove, SC Chambers, Sandton and Max du Plessis, Chambers, Durban

Introduction

1. The presidential election in Zimbabwe was held on 29 March 2008. According to the official results announced by the Zimbabwean Electoral Commission ("the ZEC"), no candidate achieved an absolute majority of the votes cast. Section 110(3) of the Electoral Act provides that in such a case a run-off election "shall be held within twenty-one days after the previous election." The ZEC has however delayed the run-off election until 27 June 2008. It purported to do so in terms of section 192(5)(a) of the Electoral Act.

2. Our instructions are that the opinion is requested out of a concern that the continued retention of power by the President (and through his hand ZANU PF) is unconstitutional, and that the exercise of cabinet and Presidential powers by current incumbents is without lawful authority.

3. The Southern Africa Litigation Centre has asked us to advise on the validity of the delay. We are for the reasons set out in this opinion, of the view that the delay may be unlawful because section 192(5)(a) may well be unconstitutional and invalid.

Download full document

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP