ConCourt grants ZEC application, turns down ZUJ request

The special voting process ran from 14-15 July and was characterized by serious logistical problems.

The Constitutional Court ruling followed an appeal by the Zimbabwe Electoral Commission to the effect that 26 160 members of the uniformed forces had been disenfranchised during the special vote and should be allowed their right to vote on 31 July.

Last week, ZEC deputy Chairperson, Joyce Kazembe revealed that 37 108 police officers were able to vote while 26 160 failed to do so out of 65 956 authorisations. She said 2 688 applications were rejected for various reasons The ZEC application cited the Commissioner General of the Zimbabwe Republic Police, the Commissioner General of the Zimbabwe Prison Services, the Commander of the Zimbabwe Defence Forces, the MDC-T, Zanu (PF), the MDC led by Welshman Ncube, ZAPU, the Zimbabwe Development Party and President Robert Mugabe as respondents in their respective order.

In passing judgement, Chief Justice, Godfrey Chidyausiku, said: “The application is granted. The first applicant (ZEC) must take all necessary steps to ensure that its office and officers under the command of the first, second and third respondents authorised to cast ballots in terms of Section 31 of the Electoral Ac t who failed to cast their ballots on the 14th and 15th of July because of the unavailability of ballot papers be and are hereby allowed to cast their ballots on the 31st of July 2013.

“There will be no orders to costs. Reasons for judgement are to follow,” said Chidyausiku.

In another case, the Constitutional Court dismissed an application by the Zimbabwe Union of Journalists seeking to have journalists vote early before the election date.

ZUJ argued in the application that journalists will have to be deployed to areas outside the wards they are set to cast their votes hence the need to have them vote early to avoid inconveniences in the conduct of their duties.

The request was dismissed with no orders to costs.

Said Chidyausiku in passing the judgement:“The application is dismissed. There will be no orders as to costs. Reasons for the judgement will be handed down upon request.”