HIGH Court judge Justice Tawanda Chitapi yesterday dismissed self-exiled presidential aspirant Saviour Kasukuwere’s application seeking nullification of new regulations on postal voting.

The Zimbabwe Electoral Commission (Zec) on August 3, 2023 gazetted Statutory Instrument 140, which amended section 75(1)(d) of the Electoral Act to allow the chief elections officer to receive postal votes not later than three days of the voting day instead of 14 days.

Kasukuwere says the SI violated section 157(5) of the Constitution, which states that after an election date has been proclaimed, no amendment will be made to the electoral law.

In his judgment, Chitapi said there was nothing wrong with altering the particular section of the Electoral Act using an SI.

“These can be altered as it has been done,” Chitapi said.

“It was an administration power so as to ensure a proper and efficient process.

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“My view is that the electoral law remains in tact. It is the same law which is being implemented and an exercise that ensures the law is being implemented.”

Chitapi said there was no evidence placed by Kasukuwere that showed he had a special interest in setting aside the SI.

The application was dismissed with no order for costs.

Kasukuwere had cited Zec, Attorney-General, Justice minister Ziyambi Ziyambi and President Emmerson Mnangagwa as respondents in the matter.

In his application, Kasukuwere said the SI was unconstitutional.

“In terms of section 157(5) of the Constitution, after an election has been called, no change to the electoral law or to any other law relating to elections has effect for the purpose of that election,” he had submitted.

“Not only that, the statutory instrument affects the legality of the elections itself. There is thus a need for this court to look at the matter prior to the elections.”