20 | Zimbabwe Rule of Law Journal Section 67(1) (a) entrenches the right of every Zimbabwean citizen to a free and fair election for any elective public office.87 Despite the numerous election petitions brought before it, the Zimbabwean judiciary has not yet elaborately interpreted what this right entails. Devenish88 argues that when interpreting the provisions of the Constitution, the starting point should be the consideration of the grammatical formulation of the provision. In Zimbabwe, this principle is constitutionally entrenched in section 46(1) (d) which requires the court or a body to duly consider the relevant provisions of the Constitution when interpreting the fundamental rights. It is therefore imperative to pay attention to the grammatical formulation of the right to a free and fair election, in order to establish its scope and meaning. “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”.89 The grammatical formulation of this right shows that it is not limited to the right to ‘participate’ in a free and fair election. Citizens are not mere participants in an electoral process, but are also active agents with legitimate interests or concerns. Therefore, in addition to the right to ‘participate’ in a free and fair election, they have the right to know that the elections have been or are going to be free and fair, and the right to take legally valid corrective actions to ensure that the elections comply with set requirements of being free, fair and regular. Additionally, s 46(1) (b) of the 2013 Constitution, prescribes that: “When interpreting this Chapter [The Declaration of Rights], a court, tribunal, forum or body must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in section 3 [of the Constitution]” The above provision has been interpreted by the Constitutional Court of Zimbabwe90 to 87 88 89 90 Elective public offices in Zimbabwe include the State President, Legislators and Local authority councillors. Gorge Devenish. Interpretation of Statutes (1992) 26 Section 67(1) (a) See Mudzuru v Ministry of Justice, Legal & Parliamentary Affairs [2015] ZWCC at 26