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Harare High Court
Yvonne Musarurwa & 2 Ors v The Minister of Justice, Legal and Parliamentary Affairs & 2 Ors
HH 751-22
Case Details
Court
Harare High Court
Date
26 October 2022
Citation
HH 751-22
Neutral Citation
[2022] ZWHH 751
Outcome
unknown
Case Type
Application
Bench
Presiding
MUTEVEDZI J
Full Bench
MUTEVEDZI J
Areas of Law
Constitutional LawElectoral LawAdministrative Law
Keywords
prisonersvoting rightsresidence requirementsmootnesslocus standi
Tags
prisoners' rightsright to votevoter registrationconstitutional law
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Electoral Act [Chapter 2:13]
- Constitution of Zimbabwe, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application has become moot by reason of the release of the applicants from prison and the determination of the same legal questions by the Constitutional Court in Gabriel Shumba.","issue_type":"procedural","dispositive":"yes","related_facts":"Release of applicants; Judgment in Gabriel Shumba."}
- {"issue_text":"Whether Zimbabwean law allows prisoners to register as voters and to vote.","issue_type":"law","dispositive":"no","related_facts":"Applicants' status as prisoners; Provisions of the Constitution and Electoral Act."}
- {"issue_text":"Whether the High Court has jurisdiction to hear the matter.","issue_type":"procedural","dispositive":"no","related_facts":"Provisions of s 161(2) of the Electoral Act; Status of the Electoral Court."}
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background
Facts of the Case
Background
Prisoners serving murder sentences sought a declaration that they are entitled to vote and an order compelling the respondents to facilitate their registration and voting. The applicants were released from prison during the pendency of the application, and the Constitutional Court delivered a judgment in a related matter which addressed the constitutionality of residence requirements for voting.
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