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Constitutional Court

Zimbabwe Development Party v (1) Minister of Justice and Legal Affairs (2) Minister of Constitutional and Parliamentary Affairs (3) Chairperson – Zimbabwe Electoral Commission (4) Minister of Finance

Judgment No. CCZ 11/17

Case Details

Court
Constitutional Court
Date
20 June 2013
Citation
Judgment No. CCZ 11/17
Neutral Citation
[2017] ZWCCZ 11
Judgment No.
CCZ 11/17
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
CHIDYAUSIKU, CJ
Full Bench
CHIDYAUSIKU, CJ
Areas of Law
Constitutional LawElectoral Law
Keywords
UrgencyPolitical Party FundingElection DatesIrreparable Harm
Tags
Election FundingPolitical PartiesUrgencyConstitutional Rights
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Political Parties (Finance) Act [Chapter 2:11]
  • Electoral Act [Chapter 2:01]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the matter under CCZ 25/13 should be set down on an urgent basis","issue_type":"procedural","dispositive":"yes","related_facts":"Filing of CCZ 25/13 on 6 June 2013; imminent election dates; potential unfair advantage to other parties"}
  • {"issue_text":"Whether the applicant will suffer irreparable harm if the matter is not heard urgently","issue_type":"mixed","dispositive":"yes","related_facts":"Other parties receiving funding; elections imminent; no remedy after elections"}
  • {"issue_text":"Whether the applicant has prospects of success in the main application","issue_type":"law","dispositive":"no","related_facts":"Section 3 of Political Parties (Finance) Act; applicant not challenging provisions"}
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background
Facts of the Case

Background

The Zimbabwe Development Party, a political party, sought urgent set down of its constitutional application (CCZ 25/13) claiming it was not receiving funding under the Political Parties (Finance) Act. The applicant argued that without urgent hearing, other parties would gain an unfair financial advantage before upcoming elections announced after the Mawarire judgment.
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