MOVEMENT FOR DEMOCRATIC CHANGE & ANOR v CHINAMASA & ANOR NNO 2001 (1) ZLR 69 (S)

2001 (1) ZLR p69

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(1) (right to protection of the law) — s 18(9) (right to fair hearing by impartial court in determination of civil rights) — notice under electoral law purporting to deprive persons disputing election results of right to do so — such notice contrary to s 18

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(1) — application to Supreme Court to secure protection of Declaration of Rights — right to make application in respect of validity of statutory instrument — not affected by procedure whereby Parliamentary Legal Committee examines statutory instruments for constitutional validity — no requirement for party to seek relief first from High Court by way of review

Elections — election petition — statutory instrument purporting to declare election results valid irrespective of alleged irregularities and to deprive dissatisfied candidate of right to present election petition — such notice contrary to s 18(9) of the Constitution

Statutes — regulations — validity — Electoral Act (Modification) (No. 3) Notice 2000 (SI 318 of 2000) — notice purporting to declare election results valid irrespective of alleged irregularities and to deprive dissatisfied candidate of right to present election petition — such notice contrary to s 18(9) of the Constitution