the Constitution,86 but also due to its interpretation and implementation of the law, as well as of its seemingly narrow understanding of the rights and obligations bestowed to it by the Constitution.87 The only significant court cases to be upheld by the courts were the matter with regards to the obligation of traditional leaders to be politically neutral,88 the voting rights of “alien” citizens and those of teachers deployed as polling staff on Election Day, as well as the provision of the final voters roll to an applicant. Regrettably, other significant matters, relating to the independence of ZEC, the diaspora vote,89 release of the provisional voter roll,90 transparency in electoral operations, the protection of school children from enforced participation in political activities,91 ZEC’s almost exclusive right to conduct voter education,92 the right of voters with visual impairments to a secret ballot, the handling of postal voting and allegations of interference with the political neutrality of traditional leaders by the President during his campaign activities,93 were dismissed, mostly by the High Court but a couple also on appeal. Notably, a high number of cases Such as the publication of the voters roll, diaspora voting, prisoners’ right to vote, transparency of the electoral commission, voter education, printing of ballot papers, media environment and the existence of a level-playing field. 87 In one court application requesting ZEC, inter alia, to disclose its operating procedures, among other things, ZEC argued that it has the discretion to come up with rules and procedures on how it operates and that the request for transparency would interfere in its functions. In another application requiring ZEC to share a copy of the provisional voter roll, ZEC argued, on appeal, that the Court, by ordering that it provides a copy of the provisional voters roll, sanctioned an undue infringement of its constitutionally guaranteed independence. 88 In a matter filed by the Election Resource Centre v. Chief Charumbira, National Council of Chiefs, Minister of Local Government, Public Works and National Housing, Case No. HC 1718/2018, the court ruled that disciplinary proceedings against a traditional leader supporting ZANU PF in public statements should be initiated by the Minister of Local Governance, while the National Council of Chiefs should establish the Integrity and Ethics Committee of Chiefs, provided under the Constitution to monitor such conduct. 89 The Constitutional Court ruled, in Shumba, Mfumisi, and Nyambiya v ZEC and others, No. CCZ 4/18, that the residency requirements for eligibility to vote are not directed only at the diaspora, while they are justified by the constituency-based nature of the country’s electoral system; it further supported that the “residency requirement is the safeguard that is in place to ensure that the electoral system maintains this character”. 90 Following persistent requests by various stakeholders for the publication of the provisional voter roll and ZEC’s failure to make it available for public inspection, the Election Resource Center filed on 28 May an urgent application to the High Court, which opined that it was not within ZEC’s discretion to provide the applicant with the provisional voter roll before effecting any corrections following the inspection exercise, and ordered ZEC to furnish a copy of the roll to the applicant (Trustees of Election Resource Centre Trust v. ZEC, HH 307-18 and HC 4863/18). This decision was overturned on appeal by the Supreme Court. 91 The Masvingo High Court ruled, in Amalgamated Rural Teachers Union of Zimbabwe v. ZANU PF and the Ministry of Primary and Secondary Education, that school children and teachers should not be forced to attend rallies and political parties should not use school property for their private interests. It was overturned on appeal by the Supreme Court. 92 For instance, in an application filed with the High Court (Veritas v. the Zimbabwe Electoral Commission, the Minister of Justice, Legal and Parliamentary Affairs and the Attorney General of Zimbabwe (HC 353-18) avering that voter education should not be the monopoly of the State, the Minister of Justice and the Attorney General conceded that s.40C(1)(h) of the Electoral Act should be struck down as it was a lacuna in the law, while argued the case on the merits. However, ZEC raised objections in limine which the court ultimately followed and thereby dismissed the case. Thus, ZEC effectively blocked the repeal of a provision that the government had accepted should be struck down. 93 EC08/18, MDC v. E.D.Mnangagwa, ZANU PF, Chief F.Charumbira and Chief A.Tome. The court ruled that it had no jurisdiction over the President who, according to the Constitution, is not liable to civil or criminal proceedings for things done or omitted in his personal capacity whilst in office. 86 41