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Constitutional Court
Tavengwa Bukaibenyu v The Chairman of the Zimbabwe Electoral Commission & 3 Ors
[2013] ZWCCZ 12
Case Details
Court
Constitutional Court
Date
28 June 2013
Citation
[2013] ZWCCZ 12
Judgment No.
CCZ 12/17
Outcome
unknown
Case Type
Application
Bench
Presiding
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JACHIWESHE AJA
Areas of Law
Constitutional lawElectoral law
Keywords
Right to votePostal ballotResidence qualificationElectoral ActDiaspora voting
Tags
Electoral lawConstitutional rightsVoting rightsDiaspora voting
legislation
Statutes Cited
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Electoral Act
- Electoral Act
- Constitution of Zimbabwe (former)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether sections 23(3) and 71 of the Electoral Act infringe the right to vote under s 23A(2) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant resides abroad; postal voting restricted to government employees"}
- {"issue_text":"Whether the State is obliged to establish voting mechanisms outside Zimbabwe for diaspora voters","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant lives in South Africa; no embassy voting provided"}
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background
Facts of the Case
Background
The applicant, a Zimbabwean citizen residing in South Africa, challenged the constitutional validity of sections 23(3) and 71 of the Electoral Act, which require voters to be resident in their constituencies and limit postal voting to government employees on duty outside Zimbabwe. The applicant argued these provisions infringed his right to vote while living abroad.
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