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Electoral Petitions re: Nomination iro Criminal Record, Convicted Candidates and Grounds for Disqualification

Appealed
SC66-21 : TINASHE KAMBARAMI vs 1893 MTHWAKAZI RESTORATION MOVEMENT TRUST and NOMALANGA DABENGWA and CITY OF BULAWAYO and ZIMBABWE ELECTORAL COMMISSION and MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE
Ruled By: GUVAVA JA, MATHONSI JA and KUDYA AJA

INTRODUCTIONThis is an appeal against the whole judgment of the Electoral Court sitting in Bulawayo dated 29 August 2019. The court granted a declaratory order sought by the first and second respondents ('the respondents) that the appellant's election was in contravention of the Electoral Act [Chapter 2:13], and, as a ...
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HB128-19 : 1893 MTHWAKAZI RESTORATION MOVEMENT TRUST and NOMALANGA DABENGWA vs TINASHE KAMBARAMI and CITY OF BULAWAYO and ZIMBABWE ELECTORAL COMMISSION and MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE
Ruled By: MABHIKWA J

The applicants herein filed a court application and sought the following relief, that;(a) It be declared that the election of the first respondent as councilor for Ward 3 in Bulawayo was in contravention of section 119(2)(e) of the Electoral Act [Chapter 2:13] following his conviction of theft at the Bulawayo ...
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CC04-13 : BRIAN JAMES vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF LOCAL GOVERNMENT RURAL & URBAN DEVELOPMENT and MINISTER OF JUSTICE & LEGAL AFFAIRS and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA and CHIWESHE AJA

After hearing argument from counsel, the court was unanimous in granting this application in the following terms:“1. It is declared that the applicant is not disqualified from standing as a candidate for election as a councillor in the forthcoming municipal elections.2. There shall be no order as to costs.”We further ...
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SC103-22 : BENSON MAKACHI and MR. MUGAVA and SIMON NOTA and SILAS GWESHE and GIBSON MUTSAKA and EVERSON BREAKFAST and DAVISON CHIVESO and FREDSON GAMA vs EVANGELICAL CHURCH OF ZIMBABWE
Ruled By: UCHENA JA, CHITAKUNYE JA and CHATUKUTA JA

This is an appeal against the whole judgment of the High Court, sitting at Harare, handed down on 29 July 2020 as judgment number HH495-20, wherein the court a quo granted a declaratory order to the effect, that, the appellants were no longer members of the respondent and were thus ...
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Appealed
SC78-23 : SAVIOUR KASUKUWERE vs LOVEDALE MANGWANA and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, BHUNU JA and CHATUKUTA JA

On 28 July 2023, this Court dismissed, with no order as to costs, an appeal against the judgment of the High Court under judgment number HH418-23 dated 12 July 2023.At the end of the proceedings, this Court indicated that the reasons for this decision would be availed in due course. ...
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HH418-23 : LOVEDALE MANGWANA vs SAVIOUR KASUKUWERE and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MANGOTA J

The applicant, one Lovedale Mangwana (“Mangwana”), filed this application through the urgent Chamber Book.He filed it in terms of Rules 59(6) and 107 of the High Court Rules 2021.He is moving me to grant him a declaratur and consequential relief.He premises his application on section 85(1) of the Constitution of ...
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