Passmore Mandikuwaza v Nicodemus Chibvura and Zimbabwe National Liberation War Veterans Association and Officer in Charge ZRP, Nyamaropa and Officer in Charge ZRP, Nyanga District and Commissioner of Police and The Zimbabwe Electoral Commission and Nyanga Rural District Council

HH 220-12

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Case Details

Court

Harare High Court

Date

10 September 2008

Citation

HH 220-12

Neutral Citation

[2012] ZWHH 220

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Hungwe J

Full Bench

Hungwe J

Areas of Law

Administrative lawConstitutional lawElectoral law

Keywords

Councillor resignationPolitical intimidationInterdictMDCZANU PFPolice harassment

Key Issues

{"issue_text":"Whether the court should grant an interdict preventing processing of a resignation affidavit allegedly signed under duress","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant signed affidavit after threats and assault"}
{"issue_text":"Whether the applicant is entitled to protection from political harassment and interference with his councillorship","issue_type":"constitutional","dispositive":"yes","related_facts":"Threats to applicant's political activities"}

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background

Facts of the Case

Background

The applicant, an elected MDC councillor for ward 12 Nyanga North, alleged he was unlawfully detained, assaulted and coerced by police and political actors into signing an affidavit of resignation. He sought an interdict to prevent the processing of this forced resignation and protection from further harassment.

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