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Constitutionality of Statutory Provisions re: Electoral Act

HH321-14 : FORTUNATE CHIOKOYO vs RICHARD NDLOVU and CHARLES SIMBI and CHIEF ELECTIONS OFFICER (ZEC) and REGISTRAR GENERAL OF VOTERS
Ruled By: UCHENA J

Counsel for the applicant based his attack on section 161(2) of the Electoral Act on the provisions of section 171(1)(a) of the Constitution which provides as follows; “(1) The High Court - (a) Has original jurisdiction over all civil and criminal matters throughout Zimbabwe.” The dicta in the Madoda v Tanganda Tea Company Ltd 1999 (1) ZLR 374 (SC) ...
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CC03-14 : ZIMBABWE ELECTORAL COMMISSION and CHAIRPERSON OF THE ZIMBABWE ELECTORAL COMMISSION vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE AND OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA, and CHIWESHE AJA

While I am mindful that no challenge has been raised as to the constitutionality of section 81B(2) of the Electoral Act [Chapter 2:18], the need to ascertain the meaning of the provision has arisen because of the apparent conflict with the Constitution which arises from the interpretation of the section advanced by the respondents, an ...
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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

This is an application lodged in terms of section 85(1) of the Constitution. The applicant seeks the following relief: It is ordered that: 1. The application be and is hereby granted. 2. Section 192(6) of the Electoral Act [Chapter 2:13] is declared unconstitutional as it violates sections 235(1), 235(3) and 67(1)(a) of the Constitution of Zimbabwe, 2013 to the extent that it ...
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SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

The first appellant, Firinne Trust, is a trust incorporated as such by Deed of Trust under the laws of Zimbabwe and registered with the Registrar of Deeds. It trades as Veritas, which is the second appellant herein.The first respondent, is the Zimbabwe Electoral Commission (ZEC), established in terms of section ...
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HH36-08 : MASIMBA KUCHERA and MICHAEL MUZA and TAFADZWA RUGOHO vs MINSTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA J

This matter was filed as an urgent chamber application in terms of Rule 241 of the High Court Rules. The applicants were seeking the following urgent relief:“Pending the confirmation or discharge of the provisional order, the following provisional order is granted:1. The Presidential Powers (Temporary Measures) (Amendment of Electoral Act) ...
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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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SC05-21 : GIFT KONJANA vs DEXTER NDUNA
Ruled By: PATEL JA, BHUNU JA and BERE JA

This appeal emanates from an election petition lodged with the Electoral Court to nullify the election of the respondent and to declare the petitioner (the appellant herein) duly elected as the Member of Parliament for Chegutu West. The disputed election was held on 30 July 2018.BackgroundAfter the relevant election forms ...
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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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Appealed
SC179-20 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and MAKONI JA

This is an appeal against the judgment of the High Court handed down on 4 May 2018.The appellant had, before that court, sought a declarator that the Presidential Powers (Temporary Measures) (Amendment of Electoral Act) Regulations 2016 published as Statutory Instrument 117/2017 were null and void and of no force ...
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HH236-18 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: MANGOTA J

This is an ordinary opposed application which the applicant turned into an urgent one. He did so through a letter which he addressed to the Registrar of this court. The letter is dated 20 February 2018. It reads, in part, as follows:“2. As you will be aware, the application, among ...
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