MAKONE & ANOR v CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION & ANOR 2008 (1) ZLR 230 (H)
Citation | 2008 (1) ZLR 230 (H) |
Case No | Judgment No. HH-38-08 |
Court | Electoral Court, Harare |
Judge | Uchena J |
Heard | 10 March 2008; 11 March 2008 |
Judgment | 13 March 2008 |
Counsel | B W Elliot, for the applicants |
Case Type | Urgent chamber application |
Annotations | Link to case annotations |
Flynote
Elections — Electoral Court — jurisdiction — subject matter of petition or application not specifically allocated to Electoral Court — court having no jurisdiction to hear matters not specifically provided for in Electoral Act — court's power to make orders allowing for matters to be done which are otherwise contrary to the provisions of the Act
Elections — Electoral Act [Chapter 2:13] — s 161(1) — "in terms of this Act" — meaning of — Electoral Court — jurisdiction of — power of court to order production of copies of the voters roll — application of expressio unius est exclusio alterius rule — no power in terms of Act to make such an order
Interpretation of statutes — expressio unius est exclusio alterius — application of rule — need to apply rule with caution
Words and phrases — "in terms of this Act" — meaning of — means as stipulated, limited or prescribed by the Act
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