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Masvingo High Court
David Antony Chimhini v Chairperson, Zimbabwe Electoral Commission & 4 Ors
HMA 59-18
Case Details
Court
Masvingo High Court
Date
19 December 2018
Citation
HMA 59-18
Neutral Citation
[2018] ZWHMA 59
Outcome
unknown
Case Type
Review
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Electoral LawAdministrative Justice
Keywords
Vote recountElectoral ActAdministrative reviewZEC decision
Tags
Electoral disputeVote recountAdministrative review
legislation
Statutes Cited
- Electoral Act [Chapter 2:13]
- Constitution of Zimbabwe
- Administrative Justice Act [Chapter 10:28]
- Electoral Act [Chapter 2:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether ZEC's refusal to order vote recount was reviewable despite s 67A(7) ousting appeal jurisdiction","issue_type":"procedural","dispositive":"no","related_facts":"ZEC declined recount request"}
- {"issue_text":"Whether applicant provided reasonable grounds for vote recount under s 67A(2)(b)","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claimed 800 miscounted votes but provided no evidence"}
- {"issue_text":"Whether ZEC's decision was reasonable and procedurally fair","issue_type":"administrative","dispositive":"yes","related_facts":"ZEC's brief response declining request"}
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background
Facts of the Case
Background
The applicant, an MDC-A candidate who lost the Mutasa North constituency election to ZANU-PF's Chido Madiwa by 278 votes, requested a recount in nine wards citing vote miscount. ZEC declined the request, leading to this review application.
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