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ZIMBABWE ELECTORAL COMMISSION & ANOR v COMMISSIONER-GENERAL, ZIMBABWE REPUBLIC POLICE & ORS 2014 (1) ZLR 405 (S)

2014 (1) ZLR p405

Citation

2014 (1) ZLR 405 (S)

Case No

Judgment No. CC-3-14

Court

Supreme Court, Harare

Judge

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

Heard

26 July 2013; CAV

Judgment

26 March 2014

Counsel

T Kanengoni, with him C Nyika, for the applicants.
F Chimbaru for the first, second, third, ninth, tenth and eleventh respondents.
S Hwacha, with him T Zhuwarara, for the fourth respondent

Case Type

Constitution application

Annotations

No case annotations to date

Flynote

Elections – special early voting for members of disciplined forces – date set for such voting – substantial proportion of such members unable to do vote for various logistical reasons – Electoral Commission entitled to authorise such persons to vote on date of general election

Interpretation of statutes – presumption of constitutionality – need to interpret statute in such a way as to give effect to Constitution – interpretation that would result in a violation of Constitutional right not permissible – avoidance of glaring absurdity – departure of ordinary effect of words so as to avoid a glaring absurdity – the mischief rule – application of the rule in the interpretation of statutes

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