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Supreme Court

Saviour Kasukuwere v Lovedale Mangwana & 2 Ors

SC 78/23

Case Details

Court
Supreme Court
Date
28 July 2023
Citation
SC 78/23
Neutral Citation
[2023] ZWSC 78
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Guvava JA
Full Bench
Guvava JABhunu JAChatukuta JA
Areas of Law
Constitutional lawElectoral law
Keywords
Presidential candidacyResidency requirementVoter registrationElectoral qualification
Tags
Presidential electionElectoral qualificationConstitutional rightsVoter registration
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20), 2013
  • Constitution of Zimbabwe Amendment (No. 20), 2013
  • Constitution of Zimbabwe Amendment (No. 20), 2013
  • Constitution of Zimbabwe Amendment (No. 20), 2013
  • Electoral Act [Chapter 2:13]
  • Electoral Act [Chapter 2:13]
  • Electoral Act [Chapter 2:13]
  • Electoral Act [Chapter 2:13]
  • Supreme Court Act [Chapter 7:13]
  • High Court Act [Chapter 7:06]
  • Interpretation Act [Chapter 1:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Supreme Court has jurisdiction to hear appeals in constitutional matters","issue_type":"constitutional","dispositive":"no","related_facts":"First respondent raised preliminary objection on jurisdiction"}
  • {"issue_text":"Whether the High Court had jurisdiction to hear the constitutional application","issue_type":"constitutional","dispositive":"no","related_facts":"Appellant argued Electoral Court had exclusive jurisdiction"}
  • {"issue_text":"Whether the first respondent had locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"First respondent alleged violation of constitutional rights"}
  • {"issue_text":"Whether the appellant met the residency requirements for presidential candidacy","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant admitted leaving country, question of continuous absence"}
  • {"issue_text":"Whether section 23(3) of Electoral Act is a deeming provision for cessation of voter registration","issue_type":"law","dispositive":"yes","related_facts":"Interpretation of residency requirement"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The appellant, a prospective presidential candidate, had his nomination papers accepted by the Nomination Court on 21 June 2023. The first respondent challenged this acceptance, alleging the appellant had not been resident in Zimbabwe for a continuous period of eighteen months as required by the Constitution and Electoral Act.
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