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MAVEDZENGE v MINISTER OF JUSTICE & ORS 2018 (1) ZLR 532 (CC)

2018 (1) ZLR p532

Citation

2018 (1) ZLR 532 (CC)

Case No

Judgment No. CC-5-18

Court

Constitutional Court, Harare

Judge

Malaba CJ, Gwaunza JCC, Gowora JCC, Hlatshwayo JCC, Patel JCC, Guvava JCC, Mavangira JCC, Uchena JCC & Ziyambi AJCC

Heard

5 July 2017

Judgment

31 May 2018

Counsel

T Musarurwa, for the applicant
O Zvedi, for the first & third respondents
T M Kanengoni, for the second respondent

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to free and fair elections – (s 67(1)) – provision of Electoral Act requiring Minister to approve regulations made by Zimbabwe Electoral Commission before their promulgation – whether provision violates applicant's right to free and fair election

Constitutional law – Constitution of Zimbabwe 2013 – independent Commissions – Zimbabwe Electoral Commission – Minister's power under Electoral Act to approve regulations made by ZEC – whether independence of ZEC undermined thereby

Elections – Electoral Commission – power to make regulations governing elections – requirement for Minister to approve such regulations before promulgation – whether such requirement violates voter's right to free and fair election – independence of Commission – whether violated by such requirement

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