High Court Judge Justice Tawanda Chitapi on Friday issued a ruling against presidential aspirant Saviour Kasukuwere’s urgent application to cancel Statutory Instrument 140A of 2023. This statutory instrument amended the Electoral Act concerning postal voting.
According to the High Court’s determination, Kasukuwere’s challenge on Statutory Instrument 140A of 2023 is considered administrative and does not bring about a change in the law.
The Statutory Instrument allowed the Chief Elections Officer to accept postal votes up to three days before the voting day, as opposed to the previous period of 14 days.
In his ruling, Justice Chitapi expressed his lack of conviction regarding the merit of the application and subsequently dismissed it, imposing costs on Kasukuwere.
Justice Chitapi said:
I am of the view that the law was not changed, and that any periods provided by the Act can be altered. My view is that the passage of SI 140A is administrative, exercised as and when necessary to do so. It cannot be held that the exercise of the power given is an alteration of the law. SI 140A, therefore amounts to conduct of implementation of the law, not changing the law. My view is that the Electoral law remains extant: it is the same law which says implement me in this way, an exercise which makes sure that the implementation is done properly. I am not persuaded that this matter has merits to stand.
After the ruling, Kasukuwere expressed his respect for the decision made by Justice Chitapi. Taking to his Twitter page, he wrote:
If you disagree with a position, you go to court. Courts are not approached with a predetermined outcome. We respect the judgement handed down this afternoon by Hon Chitapi, J. The struggle will continue and one day the court of public opinion will decide. Asante Sana. 23 August 2023.
Source iHarare.com
