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SHUMBA & ANOR v ZEC & ANOR 2008 (2) ZLR 65 (S)

2008 (2) ZLR p65

Citation

2008 (2) ZLR 65 (S)

Case No

Judgment No. S-11-08

Court

Supreme Court, Harare

Judge

Chidyausiku CJ, Sandura JA, Ziyambi JA, Malaba JA & Garwe JA

Heard

22 May 2008

Judgment

1 August 2008

Counsel

R M Fitches, for the applicants
G C Chikumbirike, for the respondents

Case Type

Constitutional application

Annotations

Link to case annotations

Flynote

Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 24(1) – application to Supreme Court – when may be brought – proceedings commenced in lower court – lower court declining jurisdiction – no proceedings before that court – applicant entitled to bring application under s 24(1)

Elections – election petition – time limits – failure to comply with – High Court has no power to condone such failure

Election – nomination – rejection of nomination papers – papers rejected on the grounds that they were submitted after nomination had closed – remedies open to candidate disputing nomination officer's decision

Practice and procedure – parties – citation – Zimbabwe Electoral Commission – requirement to cite chairperson, not Commission itself – citation of Commission – whether fatal to proceedings

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