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Supreme Court

Movement for Democratic Change (2) Nelson Chamisa (3) Morgan Komichi v Elias Mashavira (2) Elias Mudzuri (3) Thokozani Khupe (4) Douglas Mwonzora

SC 56/2020

Case Details

Court
Supreme Court
Date
31 March 2020
Citation
SC 56/2020
Neutral Citation
[2020] ZWSC 56
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Garwe JA
Author
Patel JA
Full Bench
Garwe JAPatel JAGuvava JA
Areas of Law
Constitutional lawAdministrative lawVoluntary associations
Keywords
Political partyConstitutionDeputy PresidentActing PresidentExtra-Ordinary CongressAppointmentElection
Tags
Political party constitutionLeadership disputesVoluntary associations
legislation
Statutes Cited
  • Constitution of Zimbabwe, 2013
  • Movement for Democratic Change Party Constitution
  • Movement for Democratic Change Party Constitution
  • Movement for Democratic Change Party Constitution
  • Movement for Democratic Change Party Constitution
  • Movement for Democratic Change Party Constitution
  • Movement for Democratic Change Party Constitution
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appointment of additional Deputy Presidents was constitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Appointment of second appellant and second respondent as Deputy Presidents"}
  • {"issue_text":"Whether the appointment of second appellant as Acting President was valid","issue_type":"constitutional","dispositive":"yes","related_facts":"Confirmation as Acting President after President's death"}
  • {"issue_text":"Whether the court should intervene in affairs of a voluntary association","issue_type":"law","dispositive":"yes","related_facts":"Party's internal governance disputes"}
  • {"issue_text":"Whether domestic remedies should have been exhausted before court intervention","issue_type":"procedural","dispositive":"no","related_facts":"Availability of Appeals Tribunal under Article 14"}
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background
Facts of the Case

Background

Dispute over the constitutional validity of appointments of additional Deputy Presidents and subsequent appointment of Acting President within the Movement for Democratic Change party following the death of its founding President.
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