BHEBHE & ORS v CHAIRMAN, ZIMBABWE ELECTORAL COMMISSION & ORS 2011 (2) ZLR 274 (H)
Citation | 2011 (2) ZLR 274 (H) |
Case No | Judgment HB-139-11 |
Court | High Court, Bulawayo |
Judge | Ndou J |
Heard | 28 January 2011; CAV |
Judgment | 13 October 2011 |
Counsel | M Ncube, for the applicants |
Case Type | Opposed application |
Annotations | No case annotations to date |
Flynote
Elections – by-elections – vacancy in Parliament – whether President is obliged to call by-election within 14 days of notice of vacancy – no public funds available – President not required to call by-election in absence of funds
Interpretation of statutes – directory and peremptory provisions – meaning of – determination of whether a provision is directory or peremptory – use of word "shall" – not necessarily indicative of peremptoriness – factors court must consider in making determination – serious public inconvenience – may be a reason for holding provision to be directory
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.