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Constitutional Court
Justice Alfred Mavedzenge v Minister of Justice, Legal and Parliamentary Affairs & 2 Ors
[2018] ZWCCZ 5
Case Details
Court
Constitutional Court
Date
31 May 2018
Citation
[2018] ZWCCZ 5
Judgment No.
CCZ 05/18
Outcome
unknown
Case Type
Application
Bench
Presiding
MALABA CJ
Author
GOWORA JCC
Full Bench
MALABA CJGWAUNZA JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA JCCUCHENA JCCZIYAMBI AJCC
Areas of Law
Constitutional lawElectoral lawAdministrative law
Keywords
Electoral Commission independenceMinisterial approvalConstitutional challengeSection 192(6) Electoral ActSection 235 Constitution
Tags
Electoral lawConstitutional challengeIndependence of commissions
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Electoral Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does section 192(6) of the Electoral Act, requiring ministerial approval of ZEC regulations, violate section 235 of the Constitution guaranteeing independence of commissions?","issue_type":"constitutional","dispositive":"yes","related_facts":"ZEC's regulatory powers; ministerial approval requirement"}
- {"issue_text":"Does the ministerial approval requirement violate the applicant's right to free and fair elections under section 67(1)(a) of the Constitution?","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant's citizenship; electoral rights"}
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background
Facts of the Case
Background
The applicant, a Zimbabwean citizen, challenged the constitutionality of section 192(6) of the Electoral Act which requires that regulations made by the Zimbabwe Electoral Commission be approved by the Minister of Justice before taking effect, arguing this violated ZEC's constitutional independence.
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