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Constitutional Court
Brian Leslie James v Zimbabwe Electoral Commission & 4 Ors
[2013] ZWCCZ 4
Case Details
Court
Constitutional Court
Date
28 November 2013
Citation
[2013] ZWCCZ 4
Judgment No.
CCZ 4/13
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
PATEL JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAPATEL JAHLATSHWAYO JACHIWESHE AJA
Areas of Law
Constitutional lawElectoral law
Keywords
Right to stand for electionSuspended councillorElectoral disqualificationSection 119(2)(i) Electoral ActSection 67 Constitution
Tags
Electoral lawConstitutional rightsPolitical rightsDisqualification from office
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Electoral Act [Chapter 2:13]
- Urban Councils Act [Chapter 29:15]
- Rural District Councils Act [Chapter 29:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does section 119(2)(i) of the Electoral Act violate the constitutional right to stand for public office under section 67(3)(b) of the Constitution?","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant suspended but not dismissed; suspension not determined within 45 days"}
- {"issue_text":"Is the disqualification of suspended councillors reasonably justifiable under section 86(2) of the Constitution?","issue_type":"constitutional","dispositive":"yes","related_facts":"Suspension based on suspicion not proven guilt; irreversible effect for 5 years"}
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background
Facts of the Case
Background
The applicant, a suspended councillor and former mayor of Mutare, challenged section 119(2)(i) of the Electoral Act which disqualifies suspended councillors from standing for re-election, arguing it infringed his constitutional right to stand for public office under section 67(3)(b) of the Constitution.
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