1893 Mthwakazi Restoration Movement Trust & Anor v Tinashe Kambarami & 3 Ors

HB 128-19

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Case Details

Court

Bulawayo High Court

Date

29 August 2019

Citation

HB 128-19

Neutral Citation

[2019] ZWHB 128

Judgment No.

HB 128/19

Outcome

unknown

Case Type

Civil Judgment

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Electoral LawAdministrative LawConstitutional Law

Keywords

disqualificationtheft convictioncouncilor electionnominationElectoral Act

Key Issues

{"issue_text":"Whether the first respondent was disqualified from holding public office due to conviction for theft before election","issue_type":"law","dispositive":"yes","related_facts":"Conviction on 27 June 2018 for theft offence"}
{"issue_text":"Whether applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are registered voter and governance organization"}
{"issue_text":"Whether this matter should be treated as election petition rather than application","issue_type":"procedural","dispositive":"no","related_facts":"Form of relief sought is declaratory"}

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background

Facts of the Case

Background

The first respondent was convicted of theft on 27 June 2018, two weeks after his nomination as MDC-A candidate for Bulawayo Ward 3 councilor was accepted. Despite this conviction for an offence involving dishonesty, he proceeded to contest and won the 30 July 2018 election, subsequently being appointed Deputy Mayor. Applicants sought a declaration that his election was null and void due to disqualification under section 119(2)(e) of the Electoral Act.

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