Judgment No. CCZ 3/14 3 Const. Application No. CCZ 64/13 The press statement sparked two complaints. The first was from the Secretary General of the fourth respondent, the Movement for Democratic Change– T (“the MDC-T”). He wrote to the second applicant advising that the proposed action would be illegal in that s 81B (2) of the Act disentitles a successful applicant for a special vote from voting in any other manner than by casting a special vote. The next complaint was from the first respondent, the Commissioner of the Zimbabwe Republic Police. His concern was in respect of members of the police force who were successful applicants for special votes and who had been denied the opportunity to cast their special votes on the days set aside for special voting. His letter read in relevant part: “The Constitution in section 239(g) places an obligation on Zimbabwe Electoral Commission (ZEC) to design, print and distribute ballot papers, approve the form of and procure ballot boxes and establish and operate polling stations. Quite clearly therefore the failure by the State to put in place the necessary measures as envisaged by sections 155(2)(b) and 239(g) of the Constitution can be deemed an impingement of the right to universal suffrage. I, on behalf of the officers and members who could not cast their vote, therefore seek in terms of section 239(k) of the Constitution recourse with ZEC. Section 239(k) of the Constitution empowers individuals who have failed to cast their vote on dates specified in line with the Act to seek recourse with ZEC. On the other hand section 81B(2) of the Electoral Act provides that a voter who has been authorised to cast a special vote shall not be entitled to vote in any other manner than casting a special vote in line with the provisions of the Act. It is trite law that where there is apparent conflict between the Constitution and Ordinary law, the Constitution takes precedence because the Constitution is the grundnorm or master rule against which all other laws are measured for validity. It is therefore in the spirit of the provisions of section 239(K) of the Constitution and a Public Notice that ZEC put in the press regarding this subject matter that I am appealing to your esteemed office to give us a written commitment that all our officers and members who were unable to cast their vote will be catered for to ensure that they are not disenfranchised.” The applicants were, so they averred, faced with the dilemma that their compliance with the law and specifically with s 81B (2) of the Act would, in essence,