SHUMBA & ORS v MINISTER OF JUSTICE & ORS 2018 (1) ZLR 509 (CC)

2018 (1) ZLR p509

Flynote

T Mpofu, for the applicants

V Munyoro, for the first, fourth, fifth, and sixth respondents

T M Kanengoni, for the second and third respondents

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of rights – right to vote – provision in Electoral Act that voter be resident in a constituency in order to vote – whether provision violates right to vote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to vote and right to equality and non-discrimination – provision in Electoral Act limiting postal voting to those on State duty and their spouses – whether such provision violates the right to vote and the right to equality and non- discrimination

Constitutional law – Constitution of Zimbabwe 2013 – interpretation – international conventions – African Commission ordering Zimbabwe to allow diaspora vote to the first applicant – diaspora vote not allowed by Constitution – need for international treaty to be incorporated into Zimbabwean law through an Act of Parliament.