Zimpapers Logo

and that it should be heard tomorrow (Friday) at the Constitutional Court.
The Chief Justice also confirmed urgency in another matter in which the Zimbabwe Union of Journalists wants its members to be granted an opportunity to cast their ballots earlier than July 31 before they are deployed to cover elections in various provinces throughout the country.

ZUJ lawyer Mr Rodgers Matsikidze of Matsikidze and Mucheche is seeking an order compelling ZEC to allow journalists, who would be out in different provinces covering elections, to be treated the same way with the uniformed forces and ZEC officials who are entitled to special voting.

Chief registrar of the Constitutional Court Mr Walter Chikwana yesterday confirmed the decision of the Chief Justice saying both matters would be treated urgently.
“The Chief Justice has perused the urgent chamber applications by both applicants and decided that they are both urgent. The matter have now been set down for hearing on Friday July 26 at 9am before the full bench,” said Mr Chikwana.

Mr Chikwana said the matters would be heard, one after the other and parties involved in the two matters should file their papers by midday today.
Out of the 63 268 voters comprising ZEC officials, police officers, soldiers and prison officers who were registered to vote using the special voting system on July 14 and 15 this year, only 37 108 managed to exercise their voting rights while 26 160 failed due to logistical challenges. ZEC on Tuesday filed the application at the Constitutional Court following letters of complaint from Police Commissioner General Augustine Chihuri and MDC-T secretary general Tendai Biti.

The commission’s chairperson Justice Rita Makarau also issued a Press statement expressing concern over the failure by some officials to cast their vote. Mr Tawanda Kanengoni and Mr Charles Nyika of Nyika, Kanengoni and Partners are representing ZEC in its application for the security forces to be allowed to vote. Justice Makarau, in a founding affidavit forming part of the application, attributed the failure to vote to logistical challenges.

She said due to logistical constraints ZEC was unable to post to each successful special voter his or her requisite ballot paper in the time frame fixed for the special vote. The number of officers who failed to cast their vote, according to Justice Makarau, represents 41,3 percent of voters who qualified to cast the special vote.