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Constitutional Rights re: Political Rights, Electoral Rights, Coup d'etat and the Concepts of De Facto and De Jure Control

Appealed
SC28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O., CLERK OF PARLIAMENT and LOVEMORE MOYO
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

Everyone has a right to waive an advantage of a law made solely for his or her benefit and protection in his or her private capacity. He or she may dispense with the benefit or advantage, provided he or she does so without infringing any public right or public policy. ...
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CC05-18 : JUSTICE MAVEDZENGE vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and CHAIRPERSON - ZIMBABWE ELECTORAL COMMISSION and ATTORNEY GENERAL
Ruled By: MALABA CJ, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, UCHENA JCC and ZIYAMBI AJCC

Section 67(1)(a) of the Constitution provides: “67 Political rights (1) Every Zimbabwean citizen has the right - (a) To free, fair and regular elections for any elective public office established in terms of this Constitution or any other law;” The grammatical formulation of this right shows that it is not limited to the right to 'participate' in a free and fair ...
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CC42-18 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

The Constitution gives every Zimbabwean citizen who is eligible to vote a right to vote. It is not an obligation under our Constitution to vote.
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

Section 157(1) of the Constitution provides that an Act of Parliament must provide for the conduct of elections to which the Constitution applies. The Electoral Act [Chapter 2:13] is the Act enacted by Parliament to provide for the conduct of the harmonized elections. It is the Act that sets out how the electorate exercises the ...
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HH05-18 : MOVEMENT FOR DEMOCRATIC CHANGE (T) and MOVEMENT FOR DEMOCRATIC CHANGE (N) and SARAH KACHINGWE vs ZIMBABWE ELECTORAL COMMISSION and REGISTRAR GENERAL N.O. and OTHERS
Ruled By: MUNANGATI-MANONGWA J

The right to vote lies at the centre of every constitutional democracy. Such a right falls under political rights which a citizen is entitled to enjoy and same are constitutionally protected, and, in the Zimbabwean case, under section 67 of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (hereinafter referred to as the “Constitution”). The right ...
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Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

The concept of de facto and effective control was expounded in the renowned case of Madzimbamuto v Lardner-Burke N.O. Anor N.O.; Baron v Ayre N.O. Ors N.N.O. 1968 (2) SA 284 (RAD).This case revolved around the legitimacy of the Rhodesian Government and its enactments after it ...
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View Appeal
HH302-19 : ELIAS MASHAVIRA vs MOVEMENT FOR DEMOCRATIC CHANGE (MDC) and NELSON CHAMISA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA and MORGAN KOMICHI
Ruled By: MUSHORE J

Section 67(2) of the Constitution of Zimbabwe (Amendment Act) No.20 reads as follows;“67 Political rights(1) Every Zimbabwean citizen has the right -(a) To free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and(b) To make political choices freely.(2) Subject ...
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HH26-08 : MOVEMENT FOR DEMOCRATIC CHANGE vs TIMOTHY MUBHAWU
Ruled By: HUNGWE J

Section 21 of the Constitution guarantees a private citizen's freedom of association and assembly. This right, like any other right, is subject to lawful limitations which place a duty upon such citizen not to act in a manner that infringes other citizen's rights. Section 21 of the Constitution of Zimbabwe ...
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CC04-18 : GABRIEL SHUMBA and SIBONILE MFUMISI and DARLINGTON NYAMBIYA vs MINISTER OF JUSTICE and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This is an application in terms of section 85(1)(a) of the Constitution and the background to the matter is as follows:-The applicants are all citizens of, but are not resident in, Zimbabwe. They give different reasons for their absence, with the first applicant citing political reasons. The second applicant cites ...
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CC12-17 : TAVENGWA BUKAIBENYU vs CHAIRMAN, ZIMBABWE ELECTORAL COMMISSION and REGISTRAR GENERAL OF VOTERS and MINISTER OF CONSTITUTIONAL AND LEGAL AFFAIRS and MINISTER OF JUSTICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA and CHIWESHE AJA

At the end of hearing argument for both parties, the Court dismissed this application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. These are they.The applicant approached the Court in terms of section 24(1) of the ...
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CC20-17 : MORGAN TSVANGIRAI vs ROBERT MUGABE and ZIMBABWE ELECTORAL COMMISSION and RITA MAKARAU, N.O. and CHIEF ELECTIONS OFFICER
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, CHIWESHE AJA and MAVANGIRA AJA

Seven days after the declaration, on 3 August 2013, of the results of the Presidential election (hereinafter referred to as “the election”) held on 31 July 2013, showing Robert Gabriel Mugabe (hereinafter referred to as “the first respondent”) as the winner of the election, Morgan Tsvangirai (hereinafter referred to as ...
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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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HMT02-19 : RUBEN ZIMONDI vs SECRETARY PUBLIC SERVICE COMMISSION and GENERAL COMMISSIONER OF THE PRISONS AND CORRECTIONAL SERVICE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and PRESIDENT OF ZIMBABWE
Ruled By: MUZENDA J

On the 4th July 2018, the applicant (Ruben Zimondi) filed an application seeking the following relief:“IT IS ORDERED THAT:1. It is declared that the discharge of the applicant herein, wherein he held the rank of Superintendent, be and is hereby declared unlawful.2. The 1st respondent be and is hereby ordered ...
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