Chronicle Editor
Bongani Ndlovu, Chronicle Reporter
CHIEF Justice Luke Malaba has appointed 18 judges to the Electoral Court that will operate from March 1 to August 30, 2022, in terms of the Electoral Act.
The Electoral Court is in accordance with the Electoral Act (Chapter 2:13) and is a division of the High Court.
According to the Electoral Act, the Electoral Court shall have exclusive jurisdiction: “To hear appeals, applications and petitions in terms of this Act; and to review any decision of the Commission or any other person made or purporting to have been made under this Act; and shall have power to give such judgments, orders and directions in those matters as might be given by the High Court: Provided that the Electoral Court shall have no jurisdiction to try any criminal case.
“Judgments, orders and directions of the Electoral Court shall be enforceable in the same way as judgments, orders and directions of the High Court.”
In terms of judges of the Electoral Court and composition thereof, according to the Electoral Act, the Chief Justice shall, after consultation with the Judicial Service Commission and the Judge President of the High Court, appoint at least two judges of the High Court to be Judges of the Electoral Court for such a period as he or she may specify in such appointment.
The Electoral Court’s jurisdiction may be exercised by a judge of the Electoral Court sitting alone or with one or more assessors appointed in terms of Section 163.
In that regard in a notice, Chief Justice Malaba has, in terms of section 162 (1) of the Electoral Act (Chapter 2:13), after consultation with the Judicial Service Commission and the Judge President of the High Court, appointed the following judges of the High Court to be judges of the Electoral Court Division of the High Court:
Judge President Justice Maria Zimba-Dube, Justice Garainesu Mawadze, Justice Martin Makonese, Justice David Mangota, Justice Amy Tsanga, Justice Esther Muremba, Justice Moses Foroma, Justice Jester Helena Charewa, Justice Phildah Muzofa, Justice Isaac Muzenda, Justice Benjamin Chikowero, Justice Pisirai Kwenda, Justice Christopher Dube-Banda, Justice Sunsley Zisengwe, Justice Munamato Mutevedzi, Justice Never Katiyo, Justice Elijah Makomo and Justice Lucie-Anne Chipo Munewari.”
In January, President Mnangagwa proclaimed March 26 as the date for by-elections to fill vacant National Assembly constituency seats and council wards as required by the Constitution.
Normally by-elections are held soon after the seat falls vacant, but proclamation of dates were postponed following the outbreak of the Covid-19 pandemic.
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