Constitutional Court Dismisses Delimitation Report Challenge
The Constitutional Court (ConCourt) full bench on Monday, 20 March 2023 dismissed an application by ZANU PF member Tonderai Chidawa seeking to nullify the delimitation exercise which mapped new boundaries of the wards, the House of Assembly and Senate to be used in the 2023 general elections.
Chidawa argued that the delimitation process, which was done by the Zimbabwe Electoral Commission (ZEC) was flawed, saying that it was done in violation of the Constitution.
Chief Justice Luke Malaba chaired the ConCourt proceedings. The bench said full reasons for the judgment will be released in due course. Reads the order:
It is ordered that this application be and is hereby dismissed with no order as to costs.
The reasons of the full judgment will follow. No cause of action has been pleaded against the respondent.
Speaking to journalists on Monday outside Mashonganyika Building which houses the Constitutional Court, Chidawa’s lawyer Professor Lovemore Madhuku, said:
It’s a very disappointing judgment because the court has refused to have an opportunity to look at Section 119 (of the Constitution) and obligations of Parliament, thereof.
They will give their reasons later. I suspect the court does not want to interpret Section 119 to go as far as we had put it ourselves, which is accountability of State institutions such as independent commissions that Parliament is entitled to investigate how they operate in terms of the Constitution.
Section 119 of the Constitution, gives Parliament the power to ensure that provisions of the Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest.
In his application, Chidawa accused Parliament of failing to nullify the ZEC delimitation report and initiate investigations into it.
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