Samson Njanina and Others v Zimbabwe Electoral Commission and Candidates to the March 29 2008 Harmonised Elections in Zimbabwe ZANU PF and MDC Candidates and Others

HH-100/08

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Case Details

Court

Harare High Court

Date

31 October 2008

Citation

HH-100/08

Neutral Citation

[2008] ZWHH 100

Outcome

unknown

Case Type

Petition

Bench

Presiding

Makoni J

Full Bench

Makoni J

Areas of Law

Electoral lawCivil procedure

Keywords

Election petitionLocus standiPresidential electionParliamentary electionCitation of partiesTime limits

Key Issues

{"issue_text":"Whether the petitioner has locus standi to present the election petition","issue_type":"procedural","dispositive":"yes","related_facts":"Petitioner was not a candidate and failed to submit nomination papers"}
{"issue_text":"Whether the respondents have been adequately cited","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents cited vaguely as \"Candidates to the March 29 2008 harmonised elections\""}
{"issue_text":"Whether the petition was filed within the time limit provided in the Act","issue_type":"procedural","dispositive":"yes","related_facts":"Petition filed on 18 July 2008, elections held 29 March 2008"}

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Facts of the Case

Background

Samson Njanina filed an election petition on 18 July 2008 seeking to nullify the March 29 2008 harmonised elections. He was neither a candidate nor had he established a right to be elected. He failed to submit nomination papers due to inability to pay nomination fees. The petition cited respondents vaguely as "Candidates to the March 29 2008 harmonised elections in Zimbabwe (ZANU PF and MDC Candidates and others)".

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