The Constitutional Court (ConCourt) has agreed to urgently hear opposition MDC leader, Senator Douglas Mwonzora’s application which challenges the Zimbabwe Electoral Commission (ZEC) delimitation report. Mwonzora filed a chamber application for direct access to the apex court, which was granted because his case was considered arguable.
A bench led by Paddington Garwe ruled that Senator Douglas Mwonzora‘s delimitation challenge is valid and must be heard by a full bench. Mwonzora wants the ZEC delimitation report to be nullified, claiming that it was not done properly. ZEC argues that everything is in order and that redoing the report would be a waste of resources.
Trust Maanda, representing Mwonzora, said that the Senator had an equal interest in the matter since he is running in the upcoming elections. He argued that Mwonzora’s case should be heard as it involves the abuse of constitutional rights and that ZEC relied on a preliminary census report by Zimstat, which was wrong. Maanda said:
The contention before the court is that the delimitation report is an essential element of achieving free and fair elections. The position of the appellant is that unless the delimitation report is in terms of the constitution, it is unconstitutional.
Tawanda Kanengoni, speaking on behalf of ZEC, argued that there was little difference between the preliminary and final census report from Zimstat and that Mwonzora’s case had no basis. Kanengoni also stated that Mwonzora’s application lacked clarity because he did not specify what he found discriminatory.
Award-winning journalist, Hopewell Chin’ono, claims that the ruling ZANU PF doesn’t want elections scheduled for later this year to proceed and is using Mwonzora, its alleged ally, to push that agenda through courts.
Elections could be delayed if Mwonzora wins the case as the delimitation exercise would need to be redone. Zimbabwe is set to hold harmonised elections between July 26 and August 26 of this year.