HARARE – In a landmark ruling on Monday, the ConCourt dismissed an application by Tonderai Chidawa, a member of the ruling Zanu PF party, challenging the Zimbabwe Electoral Commission’s (ZEC) delimitation report.
The report was presented before the Parliament on January 6, 2023.
Chidawa, who was being represented by constitutional lawyer Lovemore Madhuku, had cited Parliament of Zimbabwe as the respondent.
He accused the legislature of failing to set aside the delimitation report and initiate investigations into it, citing irregularities.
The bench, chaired by Chief Justice Luke Malaba, found no cause of action against the respondent and ordered the application be dismissed with no order as to costs.
The full reasons of the judgment handed down by a panel of judges who constitute the Zimbabwean Constitutional Court fronted by Malaba are set to follow.
Chidawu had argued that the delimitation report was only signed by two ZEC commissioners out of nine and questioned whether it was a product of ZEC as a body corporate or of the two members of the commission who signed the document.
His application was supported by affidavits of the two commissioners whose signatures did not appear on the report.
The ruling has sparked mixed reactions, with some lauding the decision, while others have criticized the ruling, saying it sets a dangerous precedent.