Judgment No. CCZ 05/18 11 Const. Application No. 32/17 My reading of the provision is that it is not meant to give the first respondent power to interfere with the ordinary day to day operations of ZEC or to direct how it should perform its functions. Rather, it is an administrative step towards the making of subsidiary legislation which is not in conflict with the Law as a whole. Regard must also be had to the purpose of ss 235 (1) and (3) of the Constitution which are in essence “independence clauses”. The real purpose of the “independence clauses”, with regard to Commissions and independent offices established under the Constitution, is to provide a safeguard against undue interference with such Commissions or offices, by other persons or other institutions of government. These provisions were incorporated into the Constitution as a necessary measure to ensure that no organ of the state would usurp power from the Independent Commissions and, in effect, direct the manner in which they operate. These Commissions are set up essentially to ensure that the fundamental rights provided in the bill of rights are protected and given effect to. To that end, the Commissions were entrusted with special governance mandates of critical importance. They are intended to serve as ‘people’s watchdogs’ and, to perform this role effectively, they must operate in an environment without improper influences, fear or the promise of favour. It is my view that the requirement for the first respondent to approve the regulations does not undermine the purpose underpinning the need to ensure the independence of ZEC. As already highlighted, these regulations are promulgated into Law; thus it is important for them to be approved by the relevant Minister to ensure compliance with legislative standards as well as other laws.