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Supreme Court
Lwazi Sibanda & Betty Hlabangana v Francisca Ncube & Phillis Ndlovu & Chairperson, Zimbabwe Electoral Commission & Zimbabwe Electoral Commission & Nah Khumalo & Godwill Ndlovu
[2020] ZWSC 158
Case Details
Court
Supreme Court
Date
24 November 2020
Citation
[2020] ZWSC 158
Judgment No.
SC 158/2020
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Patel JA
Full Bench
Patel JAGuvava JAHungwe JA
Areas of Law
Electoral LawCivil Procedure
Keywords
election petitionElectoral Acttime limitsSupreme Court Rulesrule 37(1)(c)section 182
Tags
election petitionelectoral appealtime limitsprocedural compliance
legislation
Statutes Cited
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether both appeals are properly before the Court having exceeded the 3-month time limit prescribed in s 182(2) of the Electoral Act","issue_type":"procedural","dispositive":"yes","related_facts":"Appeals lodged 22 January 2019, heard 23 July 2019, exceeding 3-month limit"}
- {"issue_text":"Whether the appeals are fatally defective for failure to comply with r 37(1)(c) of the Supreme Court Rules 2018","issue_type":"procedural","dispositive":"no","related_facts":"Notices appealed against whole judgment while grounds confined to specific parts"}
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background
Facts of the Case
Background
Two election petitions were lodged challenging the exclusion of MDC party from proportional representation lists in Matabeleland North Province. The Electoral Court dismissed both petitions on procedural grounds relating to signature requirements, improper service, and failure to pay security for costs. The appellants appealed to the Supreme Court.
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