Judgment No. CCZ 3/14 2
Const. Application No. CCZ 64/13
FACTUAL BACKGROUND
On 13 July 2013, the President of Zimbabwe who is the ninth respondent
herein issued a proclamation, in terms of s 58 of the Constitution of Zimbabwe, setting the
polling date for the 2013 general elections as 31 July 2013. In terms of the proclamation, SI
86/2013, the first applicant was enjoined to set aside two (2) days for the holding of the
special voting process provided for in Part X1VA of the Electoral Act [Chapter 2:18] (“the
Act”), the last of which must be at least sixteen (16) days before the date set for the holding
of the general elections namely, 31 July 2013.
In compliance with the proclamation, the first applicant duly set 14 and 15
July 2013 as the days for the special voting exercise and invited the disciplined forces as well
as officers of the first applicant to apply to cast a special vote. A total of 63 268 successful
applicants were authorised to cast a special vote.
However, due to certain logistical
constraints, the first applicant was unable to post the requisite ballot paper to each successful
special voter within the time frame fixed for the special vote with the result that 26 160
applicants (representing 41.3% of the successful applicants for the special vote) were unable
to cast their special votes.
The applicants averred that, conscious of their duty inter alia, to conduct
elections efficiently, freely, fairly, transparently and in accordance with the law, they then
issued a press statement advising that those who had not been able to cast their special votes
would be able to vote in the general elections on 31 July 2013.