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CHAMISA v MNANGAGWA & ORS 2018 (2) ZLR 251 (CC)

2018 (2) ZLR p251

Citation

2018 (2) ZLR 251 (CC)

Case No

Judgment No. CC-21-19

Court

Constitutional Court, Harare

Judge

Malaba CJ, Gwaunza DCJ, Garwe JCC, Makarau JCC, Hlatshwayo JCC, Patel JCC, Bhunu JCC, Uchena JCC & Makoni JCC

Heard

22 August 2018

Judgment

24 August 2018

1

Counsel

T Mpofu, with him S M Hashiti, for the applicant
L Uriri, with him T Magwaliba, for the first respondent
No appearance for the second, the third and the fourth respondents
Ms R Mabwe, for the fifth respondent
M Ncube, for the sixth respondent
No appearance for the seventh to the sixteenth respondents
The seventeenth respondent in person
J Bamu, for the eighteenth respondent
No appearance for the nineteenth respondent
T S Manjengwa, with him D Halimani, for the twentieth respondent
No appearance for the twenty-first respondent
E Mandipa, with him C Makwara, for the twenty-second respondent
T M Kanengoni, with him C Nyika, for the twenty-third to the twenty-fifth respondents

Case Type

Election challenge

Annotations

Flynote

Evidence – best evidence rule – application in respect of election petition based on alleged electoral irregularities – best evidence to be found in ballot boxes – petitioner failing to apply for opening of ballot boxes

Election – Presidential election – application by losing candidate to invalidate election – time limits for lodging application – condonation of non-compliance with time limits – petitioner not permitted to introduce new documents after time limit expired – onus of proof – evidence required to invalidate election – petitioner failing to prove grounds for invalidating election

Election – Presidential election – challenge to – court proceedings – reasons for decision to allow live streaming of court proceedings

Election – Presidential election – notice of opposition – invalid basis for opposition – person opposing petition cannot support election petition

Practice and procedure –subpoena duces tecum – must not be used to fish for evidence from Electoral Commission

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