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Harare High Court
The Movement for Democratic Change (Tsvangirai) and Others v The Zimbabwe Electoral Commission and Chief Elections Officer
HH 473-23
Case Details
Court
Harare High Court
Date
31 July 2023
Citation
HH 473-23
Neutral Citation
[2023] ZWHH 473
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Electoral LawAdministrative Law
Keywords
Nomination courtElectoral appealParliamentary electionProcedural compliance
Tags
Electoral appealNomination feesParliamentary candidatesProcedural irregularities
legislation
Statutes Cited
- {'chapter': 'Chapter 2:13', 'section': 's 46(19)(b)', 'subsection': '(b)', 'treatment': 'interpreted and applied', 'for_proposition': 'confines the right of appeal to “a candidate” whose nomination paper has been rejected; a political party that is not itself a candidate has no locus standi.', 'interpretation': '“a candidate” means the individual nominee who presented papers and had them rejected; it does not extend to the candidate’s political party.', 'verbatim': '“If a nomination paper has been rejected or regarded as void by a nomination officer … the affected candidate shall have the right of appeal from such decision to a judge of the Electoral Court in chambers.”'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appeal complies with procedural requirements of Electoral Court rules","issue_type":"procedural","dispositive":"yes","related_facts":"Defective notice of appeal, failure to identify nomination courts, improper incorporation of chamber application"}
- {"issue_text":"Whether the first appellant has locus standi to appeal as it is not a candidate","issue_type":"procedural","dispositive":"yes","related_facts":"First appellant is a political party, not an individual candidate"}
- {"issue_text":"Whether the appellants properly served all required parties","issue_type":"procedural","dispositive":"no","related_facts":"Failure to serve persons presiding at nomination courts"}
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background
Facts of the Case
Background
88 appellants (a political party and its 87 parliamentary candidates) appealed against their alleged disqualification as parliamentary candidates due to inability to pay nomination fees. The appeal contained numerous procedural defects and was brought by a party that was not itself a candidate.
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