MUKONOWESHURO v MAHOFA 2005 (2) ZLR 6 (H)

2005 (2) ZLR p6

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(2) — "frivolous or vexatious" — meaning of — lower court's right to refuse to refer question where raising of question frivolous or vexatious — identical question already pending before Supreme Court — referral refused

Election — election petition — Electoral Act [Chapter 2:13] — s 182 — requirement for petition to be determined within 6 months of date of presentation — application for stay pending determination of constitutional issue being raised in Supreme Court — outcome of issue having direct bearing on petition — requirements of Electoral Act mandatory — application dismissed

Practice and procedure — abuse of process — stay of proceedings — inherent power of courts to prevent abuse of their process — such power used very sparingly and only in exceptional circumstances.