fairness of electoral coverage by broadcasters, print publishers and
public broadcasters for the purposes of Part XXIB of the Electoral
Act [Chapter 2:13].
9. The principles of transparency upon which the present application
is based also transcend domestic law, as they also find prominence
in international law.
Particularly, the SADC Principles and
Guidelines Governing Democratic Elections provide for electoral
transparency, and which are binding on Zimbabwe as a SADC
member state by virtue of Guideline 3.1.1 of those principles, as well
as the African Charter on Democracy, Elections and Governance.
10.
I must state that the Constitution of Zimbabwe also recognises
international law as an interpretational and substantive guide. From
an interpretational perspective, the present application will invite the
court to interpret the Constitution and the Electoral Act with due
regard to the SADC Principles and Guidelines Governing
Democratic Elections and the African Charter on Democracy,
Elections and Governance. From a substantive perspective, the
Applicants will invite the court to draw on the substantive guidelines
and other international law norms which relate to electoral
transparency.
11.
From the provisions detailed above, and particularly relating
to transparency, I contend that the First Respondent has a legal duty
4