The Zimbabwe Electoral Commission (Zec) has appealed the order made by the High Court compelling them to provide independent electoral watchdog, the Electoral Resource Centre (ERC) with a copy of the provisional voters’ roll. Justice Tawanda Chitapi ordered Zec to provide the roll which was used during the inspection exercise (19-29 May) within 5 days of a demand being made. However, Zec is challenging the decision saying that its independence is being infringed on. In its notice of appeal, Zec said,
TAKE NOTICE that the appellant hereby appeals against the whole of the judgment of the High Court handed down by the Honourable CHITAPI J on the 6th of June, 2018. The judgment was handed down as HH307-18.
Leave to appeal is not necessary.
The appellant hereby offers security for the respondents’ costs of appeal as may be agreed between the parties or determined by the registrar.
The appellant undertakes to pay the costs for the preparation of the record in full as soon as such costs have been determined by the registrar.
GROUNDS OF APPEAL
1. The court a quo erred at law and in fact by ordering that the appellant furnish the respondent with the Provisional Voters Roll when the Electoral law makes no Provision for a Provisional Voters Roll.
2. The court a quo erred at law by ordering that the appellant furnish the respondent with the Provisional Voters Roil in printed or electronic format as the respondent may request upon payment of the fee prescribed under s21(3) of the Electoral Act, [Cap 2:13] where s21(3) of the Electoral Act, [Cap 2:13], does not relate to a Provisional Voters Roll.
3. By ordering that the appellant provides the respondents with a Provisional Voters Roll the court a quo erred at law in that it sanctioned an undue infringement of the appellant’s Constitutionally guaranteed independence.
1. The appeal be and is hereby allowed with costs
2. The judgment of the court a quo be and is hereby set aside and is substituted with the
“The applicants’ application be and is hereby dismissed with cost”
DATED AT HARARE THIS 20th DAY OF JUNE 2018.