Lyton Magwizi & 3 Ors v Presiding Officer of the Nomination Court & 3 Ors

HB 156/23

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Case Details

Court

Bulawayo High Court

Date

27 July 2023

Citation

HB 156/23

Neutral Citation

[2023] ZWHB 156

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KABASA J

Full Bench

KABASA J

Areas of Law

Electoral lawAdministrative law

Keywords

Nomination feePayment failureElectoral ActSubstantial compliance

Key Issues

{"issue_text":"Whether nomination papers were validly rejected for non-payment of fees","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment on nomination day, later payment"}
{"issue_text":"Whether appellants substantially complied with nomination requirements","issue_type":"law","dispositive":"yes","related_facts":"Attempted payment, system failure claim"}
{"issue_text":"Whether press statement of 22 June applied to appellants' circumstances","issue_type":"law","dispositive":"yes","related_facts":"Timing of payment, system failure claims"}

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background

Facts of the Case

Background

Four appellants' nomination papers for various National Assembly constituencies were rejected by the Nomination Court on 21 June 2023 for non-payment of nomination fees. The appellants claimed they attempted to pay but the payment system failed, and later made bank transfers which reflected on 23 June 2023. They relied on a press statement issued by the Zimbabwe Electoral Commission on 22 June 2023 inviting affected candidates to approach nomination courts by 16:00 hours that day.

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