BVR case: Hearing date set


HARARE – The Constitutional Court registrar has set down a date for hearing an application by law expert Alfred Mavedzenge seeking  to stop biometric voter registration (BVR) by the Zimbabwe Electoral Commission (Zec).

The hearing has been set for July 5, after Chief Justice Luke Malaba yesterday granted him direct access to approach the highest court in the land.

Mavedzenge is challenging the constitutionality of the Electoral Act, arguing it gives the government the power to veto regulations promulgated by Zec.

His lawsuit sought  an order to declare Section 192 (6) of the Electoral Act (Chapter 2:13) constitutionally invalid because it gives Justice minister Emmerson Mnangagwa power to approve regulations or statutory instruments developed by Zec.

Malaba on Tuesday ruled: “The applicant (Mavedzenge) be granted direct access to the Con-Court in respect of the main application challenging the validity of Section 192 (6) of the Electoral Act (Chapter 2:13).

“The main application is to be set down for hearing on July 5, 2017,” Malaba said after the parties consented to the request for the matter to be heard before the Constitutional Court.

The application comes after Zec recently announced that it will soon publish regulations on BVR so that they can start the process of voter registration and will promulgate the regulations using outdated provisions of the Electoral Act, which require approval by Mnangagwa before Zec publishes them.

Mavedzenge said in his court papers this is unconstitutional.

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