Magistrate dismisses ERC application for referral of case to ConCourt

The Election Resource Centre had its application for referral of their case in which they are being charged with conducting illegal voter education to the Constitutional Court dismissed by Harare Magistrate, Tendai Mahwe, today.

ERC Director, Tawanda Chimhini together with Farai Saungweme, Wadzanai Previous Nyakudya and Moses Chikora are being jointly charged 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.

In its application for referral of the case to the Constitutional Court, the ERC was seeking to have some provisions of the Electoral Act declared unconstitutional as they breach people’s fundamental rights by criminaising freedom of expression.

The application, filed by lawyer, Trust Maanda, from the Zimbabwe Lawyers for Human Rights was to the effect that Section 40 of the Electoral Act was unconstitutional as it breached other sections of the constitution, namely Section 61, 62, 64 and 67 that guarantee freedom of expression.

The ERC argued ads well that Section 40 of the Electoral Act was “vague and imprecise”

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