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Supreme Court
Movement for Democratic Change (Tsvangirai) & 2 Ors v Lilian Timveos & 5 Ors
SC 9/22
Case Details
Court
Supreme Court
Date
31 January 2022
Citation
SC 9/22
Neutral Citation
[2022] ZWSC 9
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Author
Chitakunye JA
Full Bench
Guvava JAMakoni JAChitakunye JA
Areas of Law
Electoral lawConstitutional lawCivil procedure
Keywords
Parliamentary recallMDC-TMDC-AInterdictProvisional order
Tags
Parliamentary recallsPolitical party membershipElectoral process
legislation
Statutes Cited
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13] as amended by Act 3 of 2012
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe
- Supreme Court Act [Chapter 7:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court erred in granting a final order when only a provisional order was sought","issue_type":"procedural","dispositive":"yes","related_facts":"The respondents sought provisional relief but received final relief"}
- {"issue_text":"Whether the citation of the Chairperson of ZEC instead of ZEC itself was proper","issue_type":"procedural","dispositive":"no","related_facts":"ZEC has corporate status under the Constitution"}
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background
Facts of the Case
Background
The first and second respondents, who were Members of Parliament, were recalled by the appellants on the basis that they had ceased to be members of MDC-T. The respondents approached the High Court seeking an interdict to prevent their replacement, claiming they belonged to MDC-A not MDC-T. The High Court granted a provisional order that effectively became final in nature.
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