Judgment No. CCZ 05/18 12 Const. Application No. 32/17 The applicant contends that the requirement to seek the approval of the first respondent compromises his right to a free and fair election protected under s 67 (1) (a) of the Constitution. It provides: “67 Political rights (1) Every Zimbabwean citizen has the right— (a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law;” The grammatical formulation of this right shows that it is not limited to the right to ‘participate’ in a free and fair election. In addition to the right to ‘participate’ in a free and fair election, a citizen has the right to know that the elections have been or are going to be free and fair. The applicant alleges that the first respondent is an interested party in the outcome of the elections and the requirement that he should approve the electoral regulations compromises the fairness of the election. Per contra, the first respondent contends that the allegation is unfounded because, in terms of s 134 (f) of the Constitution, his functions in terms of the section are subject to scrutiny by Parliament. The section provides: “134 Subsidiary legislation Parliament may, in an Act of Parliament, delegate power to make statutory instruments within the scope of and for the purposes laid out in that Act, but— (a) … (b) … (c) … (d) … (e) … (f) statutory instruments must be laid before the National Assembly in accordance with its Standing Orders and submitted to the Parliamentary Legal Committee for scrutiny.” (underling my emphasis)