Chimhini Constitutional Court referral application dismissed

Court Reporter
A HARARE magistrate Friday dismissed an application by Election Resource Centre director Tawanda Chimhini seeking the Constitutional Court of Zimbabwe to determine the constitutionality of certain provisions of the country’s electoral laws. Chimhini was arrested together with Farai Saungweme, Wadzanai Previous Nyakudya and Moses Chikora for allegedly conducting voter education without the approval of the Zimbabwe Electoral Commission.
They are being charged under the Electoral Act.

Magistrate Mr Tendai Mahwe ruled that the application was frivolous and vexatious.
“It is regulated by our laws that people should be approved by our electoral laws before they conduct voter education.

“The application lacks seriousness and I doubt if the applicants have faith in their application. Therefore it is dismissed,” he said.
Chimhini through his lawyer, Mr Trust Maanda requested to have the case referred to the highest court in the land.
In this case, he sought stay of proceedings pending the determination of the matter by the Constitutional Court.

Chimhini argued that certain provisions of the Electoral Act criminalised freedom of expression and infringed upon the organisation and its workers’ constitutional rights.
In their application ERC was seeking to declare as unconstitutional the section of Electoral Act that they were arrested for breaching arguing it in turn breaches Section 61, 62, 64 and 67 of the Constitution of Zimbabwe.

The ERC, also wanted the Constitutional Court to declare the section void for being “overbroad, vague and imprecise.”
After Mr Mabwe dismissed the application Mr Maanda requested that the record be transcribed.

“Your Worship, may the record of proceedings be transcribed immediately so that we can weigh our options whether to lodge our application directly to the Constitutional Court,” he said.

Magistrate Mr Tendai Mahwe postponed the matter to November 26 and advised Mr Maanda that their intention to go directly to the Constitutional Court would not interfere with the court’s proceedings.