KIVEN MUTIMBANYOKA versus THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING N.O and GIFT TICHAONA TSVERERE (in his personal capacity and in his official capacity as Mayor of Chitungwiza Municipality) and JABULANI MTUNZI (in his personal capacity and in his official capacity as Deputy Mayor of Chitungwiza Municipality) and THE ACTING CHAMBER SECRETARY MUNICIPALITY OF CHITUNGWIZA N.O. and MUNICIPALITY OF CHITUNGWIZA and THE DISTRICT ADMINISTRATOR CHITUNGWIZA DISTRICT N.O. and THE PROVINCIAL ADMINISTRATOR HARARE METROPOLITAN PROVINCE N.O.

HH 695-18

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Case Details

Court

Harare High Court

Date

1 January 2018

Citation

HH 695-18

Neutral Citation

[2018] ZWHH 695

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUSHORE J

Full Bench

MUSHORE J

Areas of Law

Electoral LawAdministrative LawConstitutional Law

Keywords

Mayoral electionSpecial council meetingElectoral irregularitiesInterdictStatus quo ante

Key Issues

{"issue_text":"Whether the applicant has established grounds for an interdict suspending the Mayor and Deputy Mayor","issue_type":"mixed","dispositive":"yes","related_facts":"Procedural irregularities in the election, constitutional rights violations"}
{"issue_text":"Whether the Special Council meeting complied with statutory requirements","issue_type":"law","dispositive":"yes","related_facts":"Notice requirements, meeting timing, proper authorization"}
{"issue_text":"Whether the applicant's constitutional rights were infringed","issue_type":"constitutional","dispositive":"yes","related_facts":"Right to free and fair election, administrative justice"}

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background

Facts of the Case

Background

Applicant Kiven Mutimbanyoka, a losing candidate in the Chitungwiza mayoral elections held on September 4, 2018, filed an urgent application for an interdict to suspend the elected Mayor and Deputy Mayor from performing their duties due to alleged irregularities in the election process. The applicant claims the election was tainted with illegality and violated his constitutional rights to a free and fair election.

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