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Constitutional Court

Gabriel Shumba & Others v Minister of Justice, Legal and Parliamentary Affairs & Others

Judgment No. CCZ 4/18, Case No. CCZ 3/18

Case Details

Court
Constitutional Court
Date
30 May 2018
Citation
Judgment No. CCZ 4/18, Case No. CCZ 3/18
Neutral Citation
[2018] ZWCCZ 4
Judgment No.
CCZ 4/18
Outcome
unknown
Case Type
Application

Bench

Presiding
GWAUNZA JCC
Full Bench
GWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA JCCBHUNU JCCUCHENA JCC
Areas of Law
Constitutional LawElectoral Law
Keywords
diaspora votevoting rightsconstitutional interpretationelectoral lawresidency requirements
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Electoral Act [Chapter 2:13]
  • Electoral Act [Chapter 2:13]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Constitution of Zimbabwe directly or indirectly allows for the 'diaspora vote'","issue_type":"constitutional","dispositive":"yes","related_facts":"Constitutional provisions on voting rights and residency requirements"}
  • {"issue_text":"Whether section 23 of the Electoral Act violates section 67(3) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Residency requirements for voter registration"}
  • {"issue_text":"Whether section 72 of the Electoral Act violates sections 56(1), (3) and (4) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Postal voting provisions and alleged discrimination"}
  • {"issue_text":"Whether international conventions and electoral laws influence interpretation of Zimbabwean electoral laws","issue_type":"constitutional","dispositive":"no","related_facts":"African Charter on Human and Peoples' Rights and other international instruments"}
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background
Facts of the Case

Background

Three Zimbabwean citizens living abroad sought to participate in the 2018 harmonized general elections but were precluded by residency requirements in the Electoral Act. They challenged the constitutionality of sections 23 and 72 of the Electoral Act, arguing these provisions violated their voting rights under the Constitution.
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