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Harare High Court
Mfundo Mlilo v The President of the Republic of Zimbabwe
HH 236-18
Case Details
Court
Harare High Court
Date
4 May 2018
Citation
HH 236-18
Neutral Citation
[2018] ZWHH 236
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Constitutional lawAdministrative lawElectoral law
Keywords
Presidential Powers (Temporary Measures) ActConstitutionalityElectoral regulationsBiometric voter registrationSeparation of powers
Tags
Presidential powersConstitutional challengeElectoral regulationsSeparation of powers
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act of 2013
- Presidential Powers (Temporary Measures) Act [Chapter 10:20]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Presidential Powers (Temporary Measures) Act is ultra vires the Constitution of Zimbabwe","issue_type":"constitutional","dispositive":"yes","related_facts":"Act allows President to make temporary regulations; Constitution vests legislative authority in Parliament"}
- {"issue_text":"Whether the President's publication of electoral regulations was lawful","issue_type":"constitutional","dispositive":"no","related_facts":"Regulations made under section 2(2) of the Act; for biometric voter registration"}
- {"issue_text":"Whether the application was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 35 days after regulations; self-created urgency"}
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background
Facts of the Case
Background
The applicant, a human rights activist, challenged the constitutionality of the Presidential Powers (Temporary Measures) Act and regulations made thereunder for the 2018 biometric voter registration process, arguing they violated constitutional separation of powers by allowing presidential law-making.
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