80
JUSTICE IN ZIMBABWE
____________________________________________________________________
According to the majority of the Supreme Court, only two categories of persons
would have had legal standing to bring this action. Firstly, those who were alleging
that they had been denied the right to register as voters when voter registration was
extended. Secondly, those who had applied for and been denied postal votes. As
regards the second category, this was curiously expressed by the Chief Justice as
follows:
To establish that this provision had violated the applicant’s right to freedom of
expression, he would have had to make an allegation such as that he had applied to the
Registrar-General for a postal vote and was denied such a vote because of [the new
provisions].
Obviously the applicant himself would not have been eligible for a postal vote even
under the unamended provisions.
Conclusions
These cases show how inimical to the interests of justice a narrow view of the
sufficiency requirement can be, when courts wish to avoid politically sensitive issues.
The Stevenson judgment was corrected by the Supreme Court, though too late to
avoid the ill-effects it caused — the delayed municipal elections were held in
conjunction
with
the
presidential
elections,
resulting
in
the
effective
disenfranchisement of many voters who were unable to cast their votes. The
Tsvangirai judgment, on the other hand, remains uncorrected, and its harmful
influence may continue in our law for many years to come.
Topic 3
3. THE HARARE CITY COUNCIL CASES
Introduction
As indicated in Section A of this report, Ms Stevenson was resident in the Harare
municipal area and a ratepayer. She was also a Member of Parliament for a Harare
constituency. In 2000 she applied in the High Court for an order obliging the holding
Select target paragraph3
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