[zRPz]'>CHAMISA v MNANGAGWA & ORS 2018 (2) ZLR 251 (CC)
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  | 
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
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.