Zec goes to Concourt over special vote

THE Zimbabwe Electoral Commission (Zec) yesterday said it will approach the Constitutional Court (Concourt) to seek an exemption from complying with the Electoral Act, to enable members of the uniformed forces that failed to cast their ballots during the special voting process to do so on July 31.


Zec deputy chairperson Joyce Kazembe told international and local observers accredited to monitor the polls that they had engaged political parties to map the way forward.

There are 1 500 foreign and 18 000 local observers that have been accredited so far.

Kazembe said it would be unfair to disenfranchise police officers and other people who could not cast their votes because the commission was responsible for their failure to vote. The people that failed to vote had presented themselves at the polling stations in time and therefore it was not their fault that they failed to do so, she said.

“So the desire of the commission is to allow all those who were unable to exercise their right to vote to do so during the ordinary polling on the 31st of July 2013, whatever the law says. The law says if anybody receives authorisation and doesn’t turn up to vote, the person will not be able to vote on the ordinary polling day,” she said.

“However, if the person turns up and the EMB (electoral monitoring body) itself fails to deliver, it’s not the problem of the person. The commission is addressing this matter by approaching the Constitutional Court to see what takes precedence: the right to vote, which is a constitutional provision, or the provision which is in the electoral law. So this case will be before the courts soon.”

Kazembe said although the commission issued 65 956 authorisations, 37 108 police officers were able to vote while 26 160 failed to do so. The other 2 688 applications were, however, rejected for various reasons.

The figures presented by Zec yesterday differed from those issued by Justice minister Patrick Chinamasa last week. Chinamasa reportedly said only 29 000 people out of the 69 000 that had been approved to vote were able to cast their ballots.

Legal expert Tawanda Zhuwarara said Zec was in a quandary because legally, such an appeal could only have been done within seven days of the special vote for it to be treated as an urgent matter.

“For a matter to be treated as urgent, one has to approach the courts before seven days elapse to demonstrate the urgency of the matter. The law favours the diligent. If you do not show diligence, it is unlikely that the law will entertain your request,” Zhuwarara said.

“I am not sure whether Zec can successfully approach the courts for an urgent remedy to the situation. For one to be granted urgent relief the law requires that you approach the courts timeously. It is now over seven days since the failure of the special vote exercise. In my view, Zec is in a legal quandary of immense proportions.”

Kazembe said Zec was now ready for elections as they had everything required in terms of voting material.

“We are currently carrying the consignments (of printed ballot papers) to four provinces right now. We have completed the material for six provinces and the remaining four will be completed tomorrow (today),” she said.

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  1. “So the desire of the commission is to allow all those who were unable to exercise their right to vote to do so during the ordinary polling on the 31st of July 2013, whatever the law says. The law says if anybody receives authorisation and doesn’t turn up to vote, the person will not be able to vote on the ordinary polling day,” she said.

    My question is, will ZEC do the same after July 31 and seek an extension for all who wish to do so? I have my doubts, we still remember voters in Harare been shut out on the 2nd and final day of voting at 7pm and the powers that be reminding us that they are “law abiding”

    1. Not only that people were denied to register to vote, and the same zec said those registering after the closing date would not be able to vote this time but in future elections.

      selective application of the law indeed

      Voyedza tisavhota vaMudede…
      Rega ndiseke hangu hede…
      Kunyepa kwahi bhora mugedhi…
      Mwana wevhu ponjesa Bhora…
      Musango Zanu ibva yaona…
      Zvotoziva Zanupf iya yawora…
      Gore rino vaMugabe vachachiona…
      Kusvika vanhu vahwina.

      Countdown now starts for our milk & honey…
      We shall farm, mine & keep our money…
      No more Chinese lies & phoney…
      Inga zanupf yatodyiwa wanhi…
      Hezvo bwaaa mafaro mbavha dzoenda…
      VaMugabe vaye sekuseka voenda…
      Vana veZimbabwe ndapa kutenda…
      Zanupf iya yozo surrender.

      Few more days, Zimbabweans wait…
      Confident of winning as in 2008…
      This time no chance of that chicanery…
      We’re certain to dump them to the dustbin of history…
      They’ll cry why they trusted a 90 yr old…
      Who refused to go & retire in Zvimba…
      Preferring to loot our diamonds & gold…
      Rather than replaced by any young member…
      Helele the nation will rejoice & sing…
      Celebrating a grand coalition win…
      Good riddance to this bad rubbish…
      Who ruled like they were high on hashish…
      Vanhu havachakuda mhani chienda…
      Taneta nenzara nekurumwa nenda…
      Gore rino hezvo bwaa zvazoenda…
      Kopinda vane care & tender.

      1. In as much as I want everyone to exercise their democratic right.
        for the Con Court to give relief to failed voters policemen because the law is the law.
        Why didn’t Zec seek an urgent application to extend the Special Voting days during the days then.
        Truth is ZEC didn’t know. Even Mugabe confessed he didn’t know at a rally in Chinhoyi.
        You now want to lie to us that you shall deploy them in their respective wards.
        Who then will do the police work at polling stations


      He is Matibiri but prefers to be Bob…
      And each election he comes to rob…
      Takes his family to Rome…
      Claiming he is of Catholic form…
      When come his dreaded elections…
      He starts his usual shenanigans…
      Suddenly he is Madzibaba Gabriel…
      Not ashamed of his evil…
      Zimbabweans will not forget…
      To show him the way to the State House gate…
      Bye bye dictator Matibiri…
      Retire & drain rock dhiziri…
      NaGrace chibva wangobuda…
      Nekuti Vanhu Havachakuda.

    6. Mbongeni Sakhe

      Valid point, and besides, the pretext of voting early was that they will be on duty during elections away from their homes, since the voting system is ward based, how are they now going to be at home to vote? , yes, some may be on duty close to their homes, but that duty is for the whole voting period. Am I missing something? Is ZEC now seeking another special voting day?

    7. People are just making unnecessary noise barking at the wrong tree.
      It takes only one person to make the Courts act.
      Is there JUST ONE eligible voter who attempted to register but failed or was due to ZECs long queues?
      If there is plz go to any lawyer and ask for representation at the Con Court.
      Zimrights has plenty of free lawyers. We have a very genuine case here.
      Myself im registered but time is not on our side.
      Plz plz Zimbabweans. time to act is now

    8. LATEST


  2. Lets see. 27000 failed to vote and ZEC is all out trying to ensure they do. What about the 2 million potential voters who failed to vote. What about the hundred of thousands diaspora citizens who are being deprived of the same right deliberately even after the UNHR clearly instructed the country not to infringe on their right. whats so special about these 27000.


      @Kenyah you are a sipukupuku, the 27,000 are registered Voters who were put on Special Vote. ZEc failed them and ordinary voting is still to be done on 31 July. So there is a chance if the Law of the land permits. Which 2million are you talking about who failed to vote before the voting da. You are a sipukupuku. Are they registered voters. UNHR is not a law unto to themselves. We have a LAW that we follow in this country. In Zim if you want to VOTE you must be a registered VOTER and be in the country to PHYSICALLY cast you vote or apply for a SPECIAL VOTE.

      1. Moron Indoda Stupid, let me remind you that even the 2 million who did not register, it was ZEC who failed them. Sipukupuku


          @Haruma do you understand the difference between the Registrar General’s office and Zec responsibilities. If you understand then you must as well know who is isipukupuku between me and you as well as Mugabe and Tsvangirai

        2. He asked nicely where you are getting the 2 million you are talking about. Just answer him zvakanaka.

      2. Ndoda, these uniformed people were supporsed to vote on that day, now that ZEC failed them why does ZEC have to go to court to get them to vote on the 31st, I thought they were supposed to vote because they will be deployed out of their constituencies, so now in which constituency are they going to vote in on the 31st. Surely if they can vote on the 31st then they was no need to their special vote.

      3. @indoda… you need education.
        There are more than 2million people under the age of 30 who failed to register, comparing stats from the latest census and that of 1st time voters from the RGs office.
        . Mudede claims to have 6.4 million people registered out of the 6.7 local eligible population yet he deliberately forgot that on the same roll are millions who are dead or in the diaspora.
        2. The law does not permit anyone who is registered under the Special Vote to vote again in a General Election even after failing to vote during the Special Vote. That’s why you hear an outcry when Zecs attempt to breach the Electoral Act and seek relief for these few uniformed forces.
        People therefore are saying if the Courts have the power to breach the Electoral Law and allow only a few policemen to vote, they can use the same power to waiver the same law and allow the 2million who were disenfranchised by the same Zec due unexplainable incompetences.

  3. It does’t hold any water even if they are denied the chance to vote. The legal expert quoted here is neither this nor that, only a puppet lawyer. Let the con-court decide on the matter. I would respect Madhuku for he has professionally and correctly analysed most of the legal issues as opposed to some of these street legal experts.

    1. Reason lets register the 2million people vacho who were denied the right to vote then after that we free zbc and herald to mdc, then ensure our security sector is neutral toona kuti zvosvika kupi.

      Dei zvaibvira tinowondomotsa US dollar kuti tivanyadzise. Politics hadzisi dzemunhu wese. Isu tongonorapwA ku singapore nekuti takarwa hondo, mvura nemagetsi ndezvama british mazimbabweans vanorarama they dont need zvese izvo.


        @Sekurumugabe switch to ZBC radio and ZBCtv, the MDC-Tea is getting fair airplay. Am sure its not for free as MDT-Tea has more airplay time than other parties. You are just crazy singer of security reform. What has the security has to do with elections. There is peace in Zim. You must be living in dreamland

    2. Maswera here vamuziva zvose


        Ndaswera nwanangu-Scott. How z been your day.

  4. @edgar. A good point indeed. Over a million could not register and zec stuck to its observance of the law. Now thousands don’t vote, they want to bend the law. What a shame. Not only have I lost confidence in zec, but also in Rita Makau. This gang is a disaster in waiting.

  5. Double standards and of course the ConCourt will ok this. Why wasn’t the same done during registration? Surely if ZEC is as objective as it claims, people who who failed to register did so not because it was their making but rather because the process was slow, that fault lies squarely on ZEC’s shoulders. An extension should have been sought, for the same reason it is sought now.

  6. It defies logic, if these people are able to vote on the 31st of July what was the purpose of the special vote.

  7. What zec is doing Its not fair we failed to register to vote vakativhari mukana wacho. Ikozvino voda kumirira those who failed to vote on special voting to vote on 31july no no no we should also be concindered it was not our fault but RGs office.

  8. Rejoice Ngwenya

    @Zimbabwean got it right. If ZEC refused to ‘ensure citizens who wanted to register to vote exercised their constitutional rights’, what’s so special about these so-called special votes?I hope the ConCourt will not allow itself to violate the Electoral Act. You see, even chief violater Mugabe wants to stick to his presidential proclamation because the ‘ConCourt said so’. But when he expropriated -illegally – 4 000 farms, the SADC court – and at times local courts – asked him to stay out of the farms, but he ignored the law. Please let’s get rid of this ZANU-PF government on 31 July 2013. They are a blight to civilisation.


      @Rejoice Ngwenya you are losing the plot here. White farmers were not willing to share what their forefathers stole from us. Leave the farms thing of ZEC. ZEc is practising it rite to go Concourt. Why complain and not let the court decide.

      People were asked to registered as Voters during a specified period and they failed not because of the registration Procees but coz of their own making. Why can’t your perceived 2million people go to the Concourt as well. Rejoice you are missing the pooint here madam

      1. uyinkalakatha yelema wena ndoda!!!!!!!

      2. No one (except beneficiaries) takes the concourt seriously given its flawed politically motivated reasoning.. Of course they will grant the relief sought by zec bcoz they are under instruction to do so without being alive to the irony of denying the same constitutional protection to those who failed to register and millions of zimbabweans in the diaspora. The constitution says the state should take all steps necessary to ensure citizens right to voting. The law does not and should not consider issues of convenience otherwise a bad precedence will be set whereby people plead inconvenience to get away from fulfilling obligations.

      3. This Zec, Tobaiwa, Concourt, securities are all a circus meant to entertain Mugabe and his Zanu pf party. Like any entertainment show it all comes to an end some time. Its unfortunate that we have people like Indoda and many others who are so corrupted by the same system that they defend it to their death bed. Good always prevail over evil.

        1. Haaa this election is now more than a circus.
          Do we have observers at all. Where are you SADC?
          Zec the very runners of this election are saying its possible to bend the law only to allow just a few policemen to vote yet previously they cited the same law to disenfranchise 2 million voters.
          This is serious crisis worse than the 2008 one.
          What is an election without the Voter.
          Why cant you SADC just this country a dictatorship or a monarchy.

        2. Good observation Stella! This is a dangerous ZEC circus show by dangerous clowns. We must not get fooled by this supposed to be honorable Rita and side kick Joyce. They are a horrible lot.

      4. Charles Barna

        Rejoice Ngwenya is right. People spent hours on those queues where 400 people would be ready to register but only 50 would be get through. There was indeed some delaying. Was it ZEC inefficiency or bottle neck to stop people from registering to vote? Whatever that was is exactly the same as the uniformed forces who could not vote as who could not register to vote. What is good for the goose is good for the gender. All Zimbabweans are same in the face of the law.

  9. this is a rigging plot. this whole thing was planned from the beginning. they delibarately refused the uniformed forces the vote on the special vote knowing that they will approach the concourts for exemption. the idea behind this is, most people will not be able to vote in urban areas becoz the police will be voting too. I hope their plans fail right on their faces

  10. The purpose of the special vote was that these people wont be available to vote wasn’t it? Even if the court gives a go ahead wouldn’t these people still be unavailable to vote? And why should the law be bend for their failure to do their job right in the first place.

    1. Double standards by z.e.c. This is all utter rubbish. Failed to complete the registration process and its not treated as disenfranchising but a few coos failed to vote somehow they feel the edge not to deny them that right. ZEC failed.

      When are special vote results goin to be announced? I bet you if zanu had won we would have heard them by now. They lost first round already………

  11. But why are they not making frantic efforts to register millions who failed to register to vote if they are really concerned by all citizens to vote?

  12. Mugabe said at a rally that the uniformed forces who failed to vote during the designated dates should be allowed to vote. Now ZEC is taking action. Is it a mere coincidence? I smell a rat here. It seems ZEC is getting instructions from somewhere. With the matter being to a kangaroo court masquerading as a constitutional court no prize for guessing the outcome. What a joke our country has become!

  13. Zec thought the special vote outcome will be in favour of Zanu but only to find out that even the police officers vakatopanduka zvachose. its now too late zec coz pple need total change. chinja

  14. ZEC violeted those voters ‘s rights to vote so as such zec must be punished dearly for failing to its duty properly. those who failed to vote must not be allow to vote to avoid double voting because those who voted might vote again judging by zec inefficiency

  15. These people have double standards, they should have used the same reasoning to extend voter registration

  16. zvezec tazvitya

  17. Hey there is something amiss here. These guys applied for a special vote because they would be away on duty. So in which constituencies are they going to vote?

  18. As long as those Police who failed 2 vote cast their vote in a free & fair maner on 31 July, just allow them 2 vote. Hapana mupurisa asingazivi huipi hweZANU kusara kwemadhara acho, of wc mashoma. Inenge ingori bhora musango, left, right & centre. No one will 4get how he suffered under Zanu’s rule in 2007-08.

  19. This is called constitutional chicanery. The concourt gets instructions from Zanupf.

  20. Mupfana weBikini

    Ko handiti ndozvainzi lets extend by a further two weeks to August 14, maZEC namaZanu akati kwete/Zvino chava chii ichi?VOTE MDC-T and lets finish all this rubbish come JULY 31!!!!!!!!!!!!

    1. 1st Zimbabwean

      SURE HEY.

  21. Mupfana weBikini

    Tina vanhu vanoshanda kumaEssential services also why were they not invited to vote early? This group includes, Ambulance services,Fire brigades,Zesa,Zinwa,all Cellphone networks’ employees. It really amazes me madam Rita??????????

  22. Vanovhotera kupi ivo vasiri kumawards avo musi wa31?

  23. Fisrst we were told that 35000 people managed to vote now the figure has changed to 37000 ,when did the other 2000 vote?figures are changing already.Chinamasa said 29000managed to vote.Is this not manipulation of figures.Now Zec for the remender of the police force to vote,Why did it not fight for the Aliens and Diaspora’s constitutional right to vote?Double standards indeed.The Zanu way.

    1. 1st Zimbabwean

      Wanted to click reply instead of report comment on Pablo. sorry.

  24. 1st Zimbabwean

    The bottom line is, ZEC is fake and full of bootlickers and Zanu worshipers who work on instructions from Jongwe building and who do not have own brains and were recruited on account of loyalty not merit. Come what may, 31 July is our defining moment. God is watching EVERYTHING.

  25. mapfurire amola

    selective application of the law.

  26. Ko vese vakabviswa panyanga vakambobviswa varikumba here? this tym Zim is going to be free for ever. Mobutu died in exile (mid-air), Kamuzu died in the foreign west land (America). the same whites he loved to hate so much. Ey! Gadaffi, lo, he died in a trench hole like a rat (ironic to his insults), Saddam, Oh God! he died in a hole too, he was fished like a worm from where he thot was the safest haven of the universe. wat of that guy from west african country who was arrested just hours after confirming he was in control (mmmmmmmmmm! Gabgo must be the epithet). also i remember that biggest loser from Germany (everyone knows the tyrannic monkey). When your time is up, you gotta do wat man gotta do. Bounce off Dude before the jackals chow your “S”.

  27. So does this mean that all zimbabweans will be allowed to vote on the 31st? If not, will they also go to the concourt to make sure that everyone has voted after the 31st?

  28. If a police officer is registered in Nyanga and is deployed in mberengwa ,where will he vote .if the vote is stil a special vote ,who who will take it to Nyanga in time for counting .if the vote is just ordinary other the president who else wil he vote for ,since his mp is not in mberengwa

  29. The ‘Special Vote’ is provided to accommodate registered voters who will be performing duties OUTSIDE THEIR CONSTITUENCIES on election day, viz, July 31, 2013. If the Concourt does give a greenlight, may I pose the following questions;

    > Are the outstanding uniformed forces going to leave their places of duty and travel to constituencies where they are registered to vote ? Is it practicable ?

    > What mechanism/s have been put in place to prevent double-voting by the first batch ?

    1. will they allow ordinary individuals another chance if stations close before voters are finished?

  30. double standards. I hope the concourt does not take the role of parliament and make laws.

    1. Judges can make the law. See ‘sources of the law’ in Christe’s Business Law.

  31. We venerate the all conquiring Robert Mugabe Father of the sensible natives, you who when your wife is mensurating, I will to you give my owne. Oh you winner of elections what man can stand before u and not feel small or useless. Win again but what say u about Matebeleland? Yes Gukurahund! Zanu forever.

  32. Judges can make the law. See ‘sources of the law’ in Christe’s Business Law.

  33. why did Zec not approached the concourt when thousands in cities failed to get registered?…….

  34. Brian Chikwati

    Because it suits the cause of their masters. If this had been raise by another political party , ZANU would have said no, and SE4C and CONCOURT would also say . Pathetic really if this is intended to benefit one Party ZANU PF. It was known from the word go that this would happen because there was not enough time for ZEC to organise , even after telling the country and the world that they were ready. SHAME SHAME SHAME on you SEC and your masters.

  35. Not Enough!!!

    If the truth need to be told , can ZEC go to CONCOURT together with the 31st July date saying one day is not enough and seek an extension to do voting over two days. ZEC unmask yourself please.

  36. Its funny that certain people commit crimes but they are walking freely,because they belong to to an old political party.Justice Chigodora ,who is aspiring to be the ward 16 councellor has taken voter registration slips from a number of people kwaGwaze.please ZEC do something on this hooligan

  37. @scott fools like you are better off drawned with a mile stone around their necks. come july 31 that is what is going to happen. no one has confidence in this zec. gunguwo rino fara kana richikweva vamwe, kana iro rokwevavo roti mawara angu azere ivhu.


  39. what are they smoking at zec?

  40. 86000 less 63000 gives us 23000. What happened to these people? Zec told the nation that 86000 were to vote during the SV and in particular there were 70000 police to vote. The figure for the police was challenged to be too high, but Zec took no action. Zec should explain why there is now a great difference from the initial number of 86000. Failure to do so will exonerates the MDC-T’s claim of inflated figures. Thanks SAVE.

  41. Its ok as long as those who failed to register because of the failure of the responsible authorities must then be allowed to vote. They wanted to register so its unfair not to allow them to vote. When I we going to inspect the voter’s roll? We need not to be shocked when our names are not there and they refuse the registration slips.

  42. If the Uniform forces can still vote on 31 July 3013, why the Special Voting then??? Another GNU in the making here…!!

  43. The same ZEC closed all registration to be a voter leaving thousands on the queue thereby disenfranchising them. Why did they not approach the court for extension of voter registration on the same reasons they are adducing here? Secondly, which security officers failed to vote, do they know their names? Is there any one in particular who is complaining that I was disenfranchised to them? Third, will they seek the court on behalf of thousands of citizens who will fail to vote on 31 July in MDC stronghold because of the slow pace of voting that ZEC will ensure is done?

    If they win this one, then they would have shot themselves in the foot because we expect them to do the same just after 31 July

  44. Vanhu ivavo ngavende kubasa musi wemaElection…vakatotadza kuvhota…thats the reason why it was a special vote…The buck stops with ZEC ‘s ineptitude…

    We may have a scenario where there is double dipping!! In whic constituency will they be voting these uniformed forces. Can somebody ask ZEC this elementary question?

  45. UnderEMPLOYED

    Yet again I ask the rhetorical question:

    who IS in charge of the Constitutional Court of Zimbabwe??

    They have been explicitly empowered by the so called facilitators of Democracy in Africa .

    Bahh Humbug I say:

    what a scheme of nonsense African democracy has become!

    He calls himself Bob…
    And each election he comes to rob…
    Takes his family to Rome…
    Claiming he is of Catholic form…
    Come his dreaded elections…
    He starts his usual shenanigans…
    Suddenly he is Madzibaba Gabriel…
    Not ashamed of being evil…
    Zimbabweans will not forget…
    To show him the way to the State House gate…
    Bye bye Matibiri…
    Go for your rock dhiziri…
    NaGrace chibva wangobuda…
    Nekuti Vanhu Havachakuda.


  48. ZEC is a show of dangerous clowns. Honorable Rita Makarau is quickly metamorphosing into horrible Rita. Do not be fooled by that lipstick.

  49. @Mbare Boy. Do not be fooled by that lipstick ! Kkkkkkkk. I kindly ask,’Is Rita a he or a she ?’

  50. Please vote WISELY and make our elders REST.

  51. I can tell you people of Zimbabwe that Chidyausiku and the concourt are going to allow the officers to vote on the 31 July disregarding the law because some of the judges were given farms incluiding Chidyausiku himself.Dont forget that he surprised most of us when he ruled in favour of Mawarire even though all the parties incluiding ZEC were not ready for elections.SADC also said we were not ready.

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