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Constitutional Court
Gift Machoka Konjana v Dexter Nduna
[2021] ZWCCZ 9
Case Details
Court
Constitutional Court
Date
5 October 2021
Citation
[2021] ZWCCZ 9
Judgment No.
CCZ 9/21
Outcome
unknown
Case Type
Application
Bench
Presiding
Hlatshwayo AJCC
Full Bench
Garwe AJCCGowora AJCCHlatshwayo AJCC
Areas of Law
Constitutional LawElectoral Law
Keywords
access to courtsconstitutional interpretationelectoral time limitsjurisdiction
Tags
constitutional applicationleave to appealelectoral petitiontime bar
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Electoral Act [Chapter 2:13]
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Supreme Court decided a constitutional matter","issue_type":"constitutional","dispositive":"yes","related_facts":"Supreme Court interpreted s 182(2) as mandatory time bar"}
- {"issue_text":"Whether s 182(2) of Electoral Act is constitutional","issue_type":"constitutional","dispositive":"no","related_facts":"Provision operates as time bar to pending appeals"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The applicant challenged the respondent's election as MP for Chegutu West. The Electoral Court dismissed his petition for non-compliance with rules. He appealed to the Supreme Court, which removed the appeal from the roll due to the 3-month time limit in s 182(2) of the Electoral Act having expired.
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