By Talent Gondo| Renewal Democrats of Zimbabwe (RDZ) leader, Elton Mangoma has petitioned the Constitutional Court (ConCourt) seeking an order to be allowed to present a substantive application to nullify some defective provisions of the Electoral Act.

According to the application, Mangoma seeks to nullify these provisions and align them with the Constitution before the promulgation of a proclamation for the 2018 harmonised elections.

Through his lawyer Chris Mhike, a member of Zimbabwe Lawyers for Human Rights, Mangoma, filed an application for direct access to the ConCourt on Wednesday 02 May 2018.

“Mangoma is seeking an order to be allowed to present a substantive application, whose effect would be to nullify some offending legislative provisions of the Electoral Act on account of their inconsistency with the Constitution,” said the ZLHR in a statement.

Mangoma wants the ConCourt to grant him leave to exercise direct access to the apex court for a determination of relevant constitutional questions regarding the Electoral Act.

He has requested to be allowed to file an application in the ConCourt seeking an order to compel Justice, Legal and Parliamentary Affairs Minister Hon. Ziyambi Ziyambi to ensure a comprehensive amendment of the current electoral law by the legislature ahead of the 2018 harmonised elections, so as to align pertinent provisions of the Electoral Act with the Constitution in terms of section 117(1) of the Constitution.

In the application, Mangoma argued that various provisions of the Electoral Act are out of sync with several constitutional provisions relating to the Electoral Act.

Justice minister Hon Ziyambi Ziyambi, Zimbabwe Electoral Commission (ZEC), Chairperson Justice Priscilla Chigumba and Attorney-General Advocate Prince Machaya have been cited as respondents.

Mangoma, who argued that his application is in the interests of justice, also wants the ConCourt to compel Hon. Ziyambi, ZEC and Justice Chigumba to ensure compliance with elections related provisions of the Constitution by relevant electoral officials.

Mangoma has listed some of the offending legislative provisions of the Electoral Act as sections 9(2), 9(5), 12(1), 18(5), 23, 26A, 27, 33, 35, 40H, 40I, 55, 59, 116, 117, 118 and 156 of the Electoral Act.