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Harare High Court
Kucaca Ivumile Phulu & Ors v Benjamin Rukanda & Ors
HH 516-21
Case Details
Court
Harare High Court
Date
22 September 2021
Citation
HH 516-21
Neutral Citation
[2021] ZWHH 516
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Constitutional lawElectoral lawAdministrative law
Keywords
Section 129(1)(k) ConstitutionParliamentary membership terminationPolitical party recallMDC AlliancePDP factions
Tags
Parliamentary recallPolitical party factionsConstitutional interpretation
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent had authority to recall the applicants from Parliament under section 129(1)(k) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"First respondent claimed to be secretary general; applicants disputed his authority"}
- {"issue_text":"Whether the recall letter was valid and should be set aside","issue_type":"procedural","dispositive":"yes","related_facts":"Previous default judgment declared letter null and void"}
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background
Facts of the Case
Background
Six Members of Parliament were recalled from Parliament on 17 March 2021 by the first respondent purportedly acting on behalf of the People's Democratic Party under section 129(1)(k) of the Constitution. The applicants challenged this recall, arguing that the first respondent had no authority to represent their PDP faction and that the recall was therefore invalid.
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