NCA drops case against ZEC

Daniel Nemukuyu Senior Court Reporter
The Professor Lovemore Madhuku-led National Constitutional Assembly yesterday withdrew its constitutional challenge against the appointment of Mrs Joyce Kazembe as Zimbabwe Electoral Commission Acting Chairperson after Justice Simpson Mutambanengwe’s resignation last year.
The NCA argued that Mrs Kazembe, who is substantive ZEC Deputy Chair, was not qualified to chair the body in an acting capacity because she was neither a judge nor held any posting equivalent to that of a judge.

The NCA’s application had been overtaken by events because Justice Rita Makarau had already been sworn in as substantive chairperson.
The organisation’s lawyer Mr Alec Muchadehama of Mbidzo, Muchadehama and Makoni law firm yesterday formally withdrew the application.

The Constitutional Court, however, slapped NCA with legal costs on a higher scale.
The NCA filed the application last year when Justice Mutambanengwe stepped down from the commission’s chairmanship ahead of a referendum on a new constitution.

The organisation argued that ZEC wanted to run the plebiscite without a legitimate chairperson.
The NCA said Mrs Kazembe’s appointment was in breach of the Constitution, which required one to be a serving or retired judge to chair the commission, even in an acting capacity.

The NCA said Mrs Kazembe’s “unconstitutional” position threatened the credibility of the referendum she was set to oversee.
While NCA lawyers were pushing for a determination, President Mugabe appointed Justice Makarau the substantive chairperson.
That extinguished NCA’s bid to have its application heard on an urgent basis. Justice Mutambanengwe left the commission on February 13 last year.