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JAMES v ZIMBABWE ELECTORAL COMMISSION & ORS 2013 (2) ZLR 659 (CC)

2013 (2) ZLR p659

Citation

2013 (2) ZLR 659 (CC)

Case No

Judgment No. CC-4-13

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi JA, Gwaunza JA, Garwe JA, Gowora JA, Patel JA, Hlatshwayo JA & Chiweshe AJA

Heard

28 June 2013; CAV

Judgment

28 November 2013

Counsel

T Mpofu, for the applicant
T M Kanengoni, for the first respondent
M Chimombe, for the fifth respondent
No appearance for the second, third or fourth respondents

Case Type

Constitutional application

Annotations

No case annotations to date

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – s 67(3)(b) – right of citizen to stand for election for public office – local government councillor suspended from office by Minister of Local Government – Electoral Act [Chapter 2:13] – s 119(2)(i) – disqualification of such councillor from being re-elected – provision unconstitutional – no rational connection between object of provision and interests protected by s 86(2) of Constitution

Local government – councillor – suspension of by Minister – no subsequent investigation to establish any wrong doing – disqualification of suspended councillor from being re-elected – provisions of s 119(2)(i) of Electoral Act [Chapter 2:13] proving for such disqualification unconstitutional

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