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Harare High Court
Movement for Democratic Change (T) and Movement for Democratic Change (N) and Sarah Kachingwe v Zimbabwe Electoral Commission and Registrar General N.O and Minister of Home Affairs and Zimbabwe African National Union Patriotic Front [ZANU PF]
HH 5-18
Case Details
Court
Harare High Court
Date
29 November 2017
Citation
HH 5-18
Neutral Citation
[2018] ZWHH 5
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUNANGATI-MANONGWA J
Full Bench
MUNANGATI-MANONGWA J
Areas of Law
Constitutional LawElectoral LawCitizenship Law
Keywords
right to votealien endorsementvoter registrationcitizenshipSADCbirth certificateidentity document
Tags
voter registrationcitizenship rightsaliensconstitutional rightspolitical rights
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
- Electoral Act [Chapter 2:13]
- National Registration Act [Chapter 10:17]
- Public Finance Management Act [Chapter 22:09]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether persons born in Zimbabwe holding identity documents endorsed \"alien\" are entitled to be registered as voters upon production of their identity documents and birth certificates","issue_type":"constitutional","dispositive":"yes","related_facts":"Citizenship status under sections 36 and 43(2) of Constitution"}
- {"issue_text":"Whether the Zimbabwe Electoral Commission can refuse to register such persons as voters","issue_type":"constitutional","dispositive":"yes","related_facts":"Right to vote under section 67 of Constitution"}
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background
Facts of the Case
Background
Political parties and an individual brought an urgent application seeking to compel the Zimbabwe Electoral Commission to register as voters persons born in Zimbabwe holding identity documents endorsed "alien" who were being turned away from voter registration. The applicants argued these persons were citizens under the Constitution and entitled to vote.
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