Jacob Mafume and Arnold Batirai Dube and People’s Democratic Party versus Minister of Local Government and Public Works N.O. and Town Clerk N.O. – City of Harare and Town Clerk N.O. – City of Bulawayo and Chairperson of the Zimbabwe Electoral Commission and Zimbabwe Electoral Commission and City of Harare and Benjamin Rukanda

HH 482-22

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Case Details

Court

Harare High Court

Date

15 July 2022

Citation

HH 482-22

Neutral Citation

[2022] ZWHH 482

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mungwari J

Full Bench

Mungwari J

Areas of Law

Administrative LawElectoral LawConstitutional Law

Keywords

RecallCouncillorPolitical Party FactionVacancy DeclarationInterdict

Key Issues

{"issue_text":"Whether the seventh respondent had authority to recall the applicants given the extant court order","issue_type":"mixed","dispositive":"yes","related_facts":"HC5292/20 judgment, PDP faction split, seventh respondent's position"}
{"issue_text":"Whether the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"21-day timeline, date applicants learnt of letter"}
{"issue_text":"Whether the interim relief sought was competent","issue_type":"procedural","dispositive":"no","related_facts":"Letter already written, timing of application"}

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background

Facts of the Case

Background

The applicants, elected councillors on PDP tickets, challenged their purported recall from office by the seventh respondent who claimed authority as PDP Secretary General. The recall was based on allegations they had joined CCC. An extant court order had previously barred the seventh respondent from acting for the PDP faction to which applicants belong.

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