THE Election Resource Centre (ERC)’s application for stay of prosecution pending referral of its criminal matter to the Constitutional Court hit a snag last Friday after provincial magistrate Tendai Mahwe dismissed the application as “frivolous and vexatious”.
BY CHARLES LAITON,SENIOR COURT REPORTER
The ERC is being accused of conducting illegal voter education.
Mahwe said voter education was regulated by laws and as such every person was subject to regulation by such laws.
“I find the application marred with lack of seriousness.
“If all activities were not regulated by law, this country would be lawlessness. The application is frivolous and vexatious and it is, therefore, dismissed,” Mahwe said.
However, ERC’s lawyer Trust Maanda maintained his client would still go ahead and approach the ConCourt for recourse despite Mahwe’s ruling.
“In view of the ruling, the accused has an option and I request as a matter of urgency that the record of proceedings be transcribed in order for the matter to be referred to the ConCourt,” Maanda requested.
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The magistrate, however, said the trial of the matter would commence on November 26, despite the lawyer’s intentions to refer the matter to the ConCourt, The organisation and its director Tawanda Chimhini was arrested prior to the July 31 harmonised elections on allegations of conducting voter education without approval from the Zimbabwe Electoral Commission (Zec).
Maanda, who is also a member of Zimbabwe Lawyers for Human Rights, is seeking the ConCourt to declare as unconstitutional Section 40 of the Electoral Act for being in breach of Section 61, 62, 64 and 67 of the Constitution of Zimbabwe.
The ERC, which is represented by Chimhini, also wants the ConCourt to declare Section 40 of the Electoral Act as void for being overbroad, vague and imprecise.
Chimhini was charged alongside Farai Saungweme, Wadzanai Previous Nyakudya and Moses Chikora for contravening Section 40 (c) (1) (g) of the Electoral Act ahead of the July 31 harmonised elections.
The State alleges the quartet conducted voter education without the approval of Zec.
