ZLHR threatens legal action against ZEC over accre...

ZLHR threatens legal action against ZEC over accreditation

Audrey Galawu

The Zimbabwe Lawyers for Human Rights have threatened to file a case against the Zimbabwe Electoral Commission at the High Court after the Commission rejected four of their clients’ applications for accreditation to cover the Harmonised elections scheduled for Wednesday.

Arnold Tsunga, Kika Musa, Bishop A Magaya and Dephin Magaya had their applications to cover the polls declined.

ZLHR said ZEC should provide a written letter stating the reasons for the rejection.

The four who are represented by ZLHR lawyers, Tinashe Chinopfukutwa, Kelvin Vada and Chris Mhike said the decision was arbitrary and unlawful.

In the letters, ZLHR lawyers stated that in terms of section 68(1) of the Constitution, their clients have a right to administrative conduct that is lawful, substantially and procedurally fair.

“Ahead of Zim’s harmonised elections, ZEC has arbitrarily barred several Zimbabweans from being accredited as observers citing some undisclosed security reasons in turning down their applications to observe the polls. Close to 10 people, who had submitted applications to ZEC to observe the general elections had their applications rejected by ZEC, which in some cases cited undisclosed ‘security reason for arriving at such an arbitrary decision.

“ZEC’s conduct and arbitrary decision in declining their clients’ application for accreditation as election observers is procedurally unfair and a violation of their right to administrative justice as provided in terms of section 68 of the Constitution.

“The clergyman, human rights lawyers and pro-democracy campaigners have a right to be furnished with written reasons explaining ZEC’s refusal of their applications for accreditation to observe the elections.

“ZEC had an obligation to allow their clients to make representations before an adverse decision is taken against them and the failure by the elections management body to afford them the right to be heard makes the decision declining their applications for accreditation as election observers manifestly unfair and unlawful,” ZLHR said.

ZLHR has also filed an urgent application at the Electoral Court, challenging ZEC’s decision and conduct.