MOYO & ORS v ZVOMA NO & ANOR 2010 (1) ZLR 178 (H)

2010 (1) ZLR p178

Flynote

Constitutional law – Parliament – Speaker – election of – procedure – requirement for secret ballot – meaning of "secret ballot" – display by small number of members of their voting papers after having cast their votes in secret – not a reason to vitiate election

Practice and procedure – parties – joinder – non-joinder of possibly relevant parties – determination of issues not directly affecting their rights and interests – court's discretion to allow matter to proceed without joining them

Practice and procedure – parties – locus standi – members of Parliament challenging election of Speaker – such members having direct interest in outcome of election and thus having locus standi

Review – domestic remedies – exhaustion of before bringing matter on review – members of Parliament challenging election of Speaker – no procedure in Standing Orders of Parliament allowing for formal objections during election of Speaker – members entitled to approach court for relief