The Supreme Court in Zimbabwe yesterday overruled a law that would uphold controversial electoral victories by President Robert Mugabe's ruling party in parliamentary elections last June.
The law would have forbidden courts to invalidate wins in 37 parliamentary constituencies won by the ZANU-PF party.
Yesterday's ruling said the law, which states that courts could not void the election of sitting lawmakers "in the interest of democracy, peace, security and stability of Zimbabwe" even if corrupt and illegal practices were committed, was unconstitutional.
The judgment further said that the modification in the electoral act was "null and void as being contrary to the provisions of . . . the constitution of Zimbabwe."
Last December, Mr Mugabe issued an amendment that would have validated election results which were being challenged by the opposition.
The Movement for Democratic Change (MDC) has challenged the results in 37 constituencies where they alleged electoral fraud, violence and intimidation of voters had taken place. The challenges have yet to be heard in Zimbabwe's High Court.
The opposition has argued that voters could not freely cast their ballots because 34 people had been killed and intimidation was rife in the run-up to polls. The court ruling said the opposition had a right to challenge the amendment, which it called "highly unusual in form".
"They have a civil right to challenge the result of an election which is claimed to have been tainted by corrupt and illegal practices. They have a civil right to seek practical and meaningful redress . . .", the ruling said. "The right of full and unimpeded access to courts is of cardinal importance for the adjudication of justiciable disputes."
Armed riot police guarded the court yesterday as the judgment was handed down, following threats made against judges and an invasion of the court by 200 militant liberation war veterans in November.
Zimbabwe's former president, the Rev Canaan Banana, has been released from prison after serving a one-year term for sexual assault and sodomy, the official Herald newspaper reported yesterday.