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Constitutional Court

Didymus Mutasa & Temba Mliswa v The Speaker of the National Assembly & The President of Zimbabwe & Chairperson Zimbabwe Electoral Commission

CCZ 18/19

Case Details

Court
Constitutional Court
Date
1 April 2015
Citation
CCZ 18/19
Neutral Citation
[2019] ZWCCZ 18
Outcome
unknown
Case Type
Application

Bench

Presiding
Malaba DCJ
Full Bench
Chidyausiku CJMalaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCC
Areas of Law
Constitutional LawParliamentary Law
Keywords
section 129(1)(k)political party membershipparliamentary seat vacationconstitutional interpretation
Tags
parliamentary membershippolitical party expulsionconstitutional interpretation
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Speaker's announcement that applicants' parliamentary seats became vacant violated their constitutional rights under sections 56(1), 67(3)(b), 68 and 69(3)","issue_type":"constitutional","dispositive":"yes","related_facts":"Speaker's announcement following ZANU-PF notification of expulsion"}
  • {"issue_text":"Whether section 129(1)(k) requires the Speaker to inquire into the legality of party membership termination","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants' claim that expulsion was unlawful"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants, former ZANU-PF Members of Parliament, challenged the Speaker's announcement that their parliamentary seats had become vacant after their party expelled them and notified the Speaker in terms of section 129(1)(k) of the Constitution. They alleged violations of their constitutional rights including equal protection, right to stand for election, administrative justice and fair hearing.
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