with the requirements of section 156 (a) and section 239 (a) of the
Constitution which provide for transparency in the electoral process.
45.
In that respect, 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, there is a legal duty on the First Respondent
to publish the standard operating procedures relating to compilation,
collation and transmission of results from polling stations.
Publication of standard operating procedures for the sealing of ballot
boxes, voters rolls, and others papers
46.
The Electoral Act provides at section 64 that after counting is
completed, the presiding officer shall close and seal the aperture in
the ballot box, and make up into separate sealed packets several
other papers. However, the Act is vague in some respects and does
not specify in what manner the voters roll should be sealed. The
practice in the past has been to seal the voters roll in the Presidential
ballot box. This has, in the past, caused problems for candidates
contesting for other seats besides the President who wish to bring
an electoral petition after the election and need access to the voters
roll to do so. Such candidates have been denied access to the
voters roll on the basis that they are not challenging the presidential
20
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