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Supreme Court

Gift Machoka Konjana v Dexter Nduna

[2021] ZWSC 05

Case Details

Court
Supreme Court
Date
23 March 2021
Citation
[2021] ZWSC 05
Judgment No.
SC 05/2021
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Patel JA
Full Bench
Patel JABhunu JABere JA
Areas of Law
Electoral LawStatutory Interpretation
Keywords
election petitiontime limitsElectoral Acts 182
Tags
election petitionelectoral appealstatutory time limits
legislation
Statutes Cited
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether s 182(2) of the Electoral Act imposes a mandatory 3-month time limit for determination of electoral appeals","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal lodged 2 November 2018, not determined by 2 February 2019"}
  • {"issue_text":"Whether the court retains jurisdiction to hear an appeal after expiry of the statutory time limit","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal pending when 3-month period expired"}
  • {"issue_text":"Whether strict compliance with s 182(2) violates constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Appellant's right to challenge election results"}
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background
Facts of the Case

Background

The appellant lodged an election petition with the Electoral Court to nullify the respondent's election as Member of Parliament for Chegutu West. The Electoral Court dismissed the petition on procedural grounds for non-compliance with Electoral Rules. The appellant appealed to the Supreme Court, but the appeal was not determined within the 3-month statutory period prescribed by s 182(2) of the Electoral Act.
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