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Harare High Court
MDC-T v Minister of Local Government, Rural & Urban Development and Others
HH 289/13
Case Details
Court
Harare High Court
Date
11 September 2013
Citation
HH 289/13
Neutral Citation
[2013] ZWHH 289
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Administrative LawConstitutional LawLocal Government Law
Keywords
Mayor electionChairperson electionConstitutional provisionsUrgency requirementsFounding affidavit defects
Tags
Urgent chamber applicationConstitutional interpretationLocal government elections
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- High Court Rules, 1971 (as amended)
- High Court Rules, 1971 (as amended)
- {'treatment': 'mentioned as part of the legal framework governing local-government elections; no section specified; no interpretation undertaken'}
- Local Government Laws (collective reference)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application meets the requirements for urgency given the 15-day delay and defects in the founding affidavit and certificate of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"15-day delay; failure to explain delay; certificate signed before affidavit"}
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background
Facts of the Case
Background
The MDC-T political party filed an urgent chamber application to interdict government officials from implementing a directive that Mayors and Chairpersons of local authorities must be elected from amongst elected councilors only, arguing that any "other person" could qualify. The application was filed 15 days after the directive was issued.
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