Judgment No. CCZ 05/18 9
Const. Application No. 32/17
elections, in executing this mandate, it has to do so within the confines of existing laws. It must
therefore conform not only to its governing law but also the laws that regulate the conduct of the
other participants in the process. In this context, it cannot be free to make regulations that are in
conflict with public policy and the law.
It is in this context that the Minister’s approval of the regulations must be construed.
The provision must therefore be given an interpretation that is purposive in order to give a true
reflection of the intention of the Legislature in requiring the approval of the Minister before
promulgation of any regulations prepared by ZEC. In construing the provision within the context
of this debate the word ‘approve’ must be read as defined in the dictionary to signify satisfaction
with or confirming, sanctioning or agreeing with.
In my view, the applicant has not made out a case where the word ‘approve’ can be
construed to mean direct or control as contended before us. To ascribe such a meaning to the word
would constitute a fundamental departure from its ordinary meaning.
The applicant needed to show that the regulations fail to meet the standard of
impartiality as is required by the Constitution. The applicant does not impugn the regulations
themselves. An attack on the lack of or absence of impartiality of the regulations themselves would
have in the circumstances of this case gone a long way in laying a foundation to his claim that the
need for their approval by the Minister served to impair the independence of ZEC in their
promulgation. The process of promulgation cannot be impugned in the abstract. There needs to be
tangible evidence of interference. There is none.