provides for members of the Civil Service Commission and the
Health Services Board to be seconded to the Respondent.
62.
Additionally, the actual membership of the NLC at the national
level and at provincial and district level remains obscure; the NLC’s
role and mandate from the First Respondent is unclear and its
operations and accountability to the First Respondent remain
opaque. Since the NLC is clearly central to the administration of the
election it is essential that there is transparency around these
issues.
63.
Therefore, the Applicants will move for a declaratory order that
in terms of section 3 (2) (g), section 156 (a) section 233 (d) and
section 239 (a) of the Constitution of Zimbabwe and section 3 of the
Electoral Act, as read with section 10 of the Electoral Act, the First
Respondent may not delegate any of its mandate to the NLC unless
all members of the NLC have been seconded to the First
Respondent in terms of section 10 and are under its direction and
control; that members of the Security Services may not be seconded
to the Respondent or be involved in the administration of the
election; that there is a legal duty on the First Respondent to publish
in advance of the election the names, roles and government
departments of all personnel that make up the NLC, or any other
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