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Harare High Court

Masimba Kuchera and Michael Muza and Tafadzwa Rugoho v The Minister of Justice, Legal and Parliamentary Affairs

HH 36-2008

Case Details

Court
Harare High Court
Date
28 March 2008
Citation
HH 36-2008
Neutral Citation
[2008] ZWHH 36
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Constitutional LawElectoral LawAdministrative Law
Keywords
visually impaired votersdisabled votersvoting assistancepresidential regulationselectoral acturgency
Tags
disability rightsvoting rightselectoral lawpresidential powers
legislation
Statutes Cited
  • Presidential Powers (Temporary Measures) Act
  • Electoral Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application was urgent given it was filed only 3 days before elections when legislation had been in force since January","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 26 March, elections 29 March, legislation in force since January"}
  • {"issue_text":"Whether the court can suspend operation of legislation or regulations","issue_type":"legal","dispositive":"no","related_facts":"Applicants sought to suspend Electoral Act provisions and Presidential Regulations"}
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background
Facts of the Case

Background

Three disabled voters sought to suspend electoral provisions requiring them to receive voting assistance from strangers including police officers, arguing this violated their constitutional rights and that new presidential regulations were unconstitutional.
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