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Mutare High Court
Frank Chitembwe v Chairperson, Zimbabwe Electoral Commission and 4 Others
ECMT 1-19
Case Details
Court
Mutare High Court
Date
25 April 2019
Citation
ECMT 1-19
Neutral Citation
[2019] ZWHMT 1
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Muzenda J
Full Bench
Muzenda J
Areas of Law
Electoral lawAdministrative lawLocal government law
Keywords
Electoral vacancyCouncillor disqualificationImproper citationBody corporate
Tags
Electoral vacancyLocal governmentBy-election
legislation
Statutes Cited
- Rural District Councils Act
- Rural District Councils Act
- Electoral Act
- Criminal Law (Codification and Reform) Act
- Revenue Authority Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Chief Executive Officer of a Rural District Council can be sued in his personal capacity for official acts","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent notified ZEC of vacancy in official capacity"}
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background
Facts of the Case
Background
The applicant, a councillor for Ward 10 of Mutasa Rural District Council, sought to set aside the declaration of a vacancy in his ward and the scheduling of a by-election after being convicted and imprisoned for participating in violent protests. The application was dismissed on the preliminary point that the Chief Executive Officer of the Rural District Council was improperly cited in his personal capacity rather than the Council itself.
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