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Harare High Court
Epiphenia Munhunepi & Anor v Zimbabwe Electoral Commission & 2 Ors
HH 631-23
Case Details
Court
Harare High Court
Date
24 November 2023
Citation
HH 631-23
Neutral Citation
[2023] ZWHH 631
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mungwari J
Full Bench
Mungwari J
Areas of Law
Constitutional LawElectoral LawAdministrative Law
Keywords
statutory instrumentconstitutional amendmentwomen's representationproportional representationlaw reviser
Tags
constitutional challengeelectoral lawwomen's quotastatutory instrumentseparation of powers
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 2) Act, 2021
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Statute Law Compilation and Revision Act
- Interpretation of Statutes Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Law Reviser acted within his statutory powers in issuing SI 114/2023","issue_type":"constitutional","dispositive":"yes","related_facts":"The Law Reviser corrected what he deemed drafting errors in the constitutional amendment"}
- {"issue_text":"Whether the applicants had locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"First applicant claimed personal interest; second applicant represented women's class"}
- {"issue_text":"Whether SI 114/2023 amounted to a substantive constitutional amendment","issue_type":"constitutional","dispositive":"yes","related_facts":"Changes altered gender-specific provisions to gender-neutral"}
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background
Facts of the Case
Background
The applicants challenged the constitutionality of two statutory instruments (SI 114/2023 and SI 115/2023) that altered provisions regarding women's proportional representation in provincial and metropolitan councils. The first applicant, a CCC member, claimed the changes affected her electoral prospects. The second applicant, Women's Coalition of Zimbabwe, represented women's interests.
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