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Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
Parliament which makes provision for the funding of every political party formed as the means
of ensuring the achievement of the constitutional purpose of promoting multi-party democracy.
Section 67(4) of the Constitution uses the words “political parties” and not “all political
parties”.
A multi-party democracy is a political system in which multiple political parties across
the political spectrum participate in national elections and all have a chance to gain control of
government offices separately or in coalition. (Wikipedia https://en.wikipedia.org˃wiki˃multipa...). It “contemplates a political order in which it is permissible for different groups to
organise, promote their views through public debate and participate in free and fair elections”.
President of the Republic of South Africa v United Democratic Movement 2003 (1) SA 472
(CC) at para [26]. What this means is that upon making the Constitution the people of
Zimbabwe chose a political system that allows citizens to express their consent to be governed
in free, fair and regular elections, participated in by multiple political parties.
Whilst s 67(4) of the Constitution prescribes the “promotion of multi-party democracy”
as the legitimate objective to be pursued by the Act of Parliament enacted, it leaves the choice
of the best means for the achievement of that objective to the Legislature. If the means chosen
by the Legislature is rationally related to the objective of promoting multi-party democracy
through the funding of political parties, s 3(3) of the Act would not be held unconstitutional.
Section 3(3) of the Act makes it a requirement that for a political party to qualify for
financing, its candidates should have obtained at least five per cent of the total number of votes
cast in the most recent general election. The amount payable to a political party is calculated
on the basis of what is the proportion of the total number of votes cast for its candidates in the
Select target paragraph3
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