JUSTICE IN ZIMBABWE 76 ____________________________________________________________________ had been infringed by the legislation he sought to impugn. He had alleged that the members of the electorate who might vote for him were denied the right to register as voters after 10 January 2001, while those who supported President Mugabe’s party were allowed to register right up to 3 March. If true, this would possibly have entitled those persons who were denied the right to register to approach the Supreme Court for redress in terms of s 24(1). However, the applicant was not entitled to bring an application on behalf of these people. Section 24(1) provides it is only when a person is unable to bring the application himself because he is being detained that another person is entitled to bring an application on his behalf. See United Parties v Minister of Justice & Ors 1997 (2) ZLR 254 (S). As regards freedom of expression, the applicant was required to allege that his own fundamental right to freedom of expression has been contravened by the legislation in question. None of the “jumbled and vague” allegations made in the applicant’s affidavit satisfied the Court that the applicant’s fundamental right to freedom of expression had been, or was likely to be, contravened. The applicant took issue with s 4 of the Notice which restricted postal voting to members of disciplined forces on duty and persons away from Zimbabwe in the service of the Government of Zimbabwe. 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 s 4. The minority judgment (per Sandura JA) In his minority judgment, Sandura JA held that the applicant had legal standing to bring the application. He pointed out that the applicant had contended that President Mugabe had used his immense powers under s 158 of the Electoral Act to make radical alterations to the electoral law passed by Parliament, thereby drastically changing the conditions under which the presidential election was to be held. This had allowed President Mugabe to gain an advantage over him in what was supposed to be a fair election.

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