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(1) SIBANDA & ANOR v NCUBE & ORS (2) KHUMALO v NCUBE & MUDIMBA & ORS 2020 (2) ZLR 1121 (S)

2020 (2) ZLR p1121

Citation

2020 (2) ZLR 1121 (S)

Case No

Judgment No. S-158-20

Court

Supreme Court, Harare

Judge

Patel JA, Guvava JA & Hungwe JA

Heard

23 July 2019

Judgment

24 November 2020

Counsel

L Madhuku, for the appellants
K Phulu and Ms C Mudenda, for the first and second respondents
T M Kanengoni, for the third and fourth respondents

Case Type

Election appeal

Annotations

Flynote

Appeal – from Electoral Court to Supreme Court – governing rules – such appeals governed by Part VII of Supreme Court Rules 2018 – time limits as set out in Part VII

Constitutional law – election petition – itme restrictions imposed in connection with election petitions – whether requirement that there be strict compliance with time limits within which electoral petitions is constitutional – whether such requirement reasonably justifiable in democratic society

Elections – election petition – need for strict compliance with requirement in s 182 2) of Electoral Act that petitions must be brought within stipulated time limits for petitions to be determined – responsibility for ensuring time limits adhered to – rests with parties generally and in particular with petitioners

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