THE Tendai Biti-led People’s Democratic Party (PDP) has approached the High Court demanding that material for the July 30 general elections be sourced through an open tender.
BY CHARLES LAITON
In its latest application, the opposition party wants the Procurement Regulatory Authority of Zimbabwe (PRAZ), Zimbabwe Electoral Commission (Zec) and Zec chairperson Priscilla Chigumba held responsible for breaching provisions of the Constitution in the sourcing of voting material.
“A perusal of the opposing affidavit in that matter manifests the necessity to add the first respondent to those proceedings as the issues in dispute relate to a determination which the first respondent is now confirmed as having made. In these circumstances, the relief sought in those proceedings will affect the determination so made by the first respondent and thereby creating the necessity for the first respondent to be heard before any decision is made affecting a determination it made.”
This came after Zec acting chief elections officer, Utoile Silaigwana had challenged the PDP’s move to have the electoral management body held responsible over a decision made by PRAZ.
“….As I have averred, the PRAZ has made a determination in respect of the third respondent’s (Zec) request to use the procurement under section 33 in procuring ballot paper for the 2018 general election. No challenge is mounted by the applicants against that determination thus, notwithstanding the outcome of the present matter, that determination will remain in extant,” Silaigwana said.
“The PRAZ has not been cited in this matter either, being the statutory authority that has determined it permissible for the third respondent to use the provisions of section 33 in the circumstances. Further, the third respondent did itself also make an administrative decision to seek procurement of ballot paper in terms of section 33 of the Public Procurement and Disposal of Assets Act.”