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Harare High Court
Settlement Chikwinya and 5 Others and People's Democratic Party v Jacob Mudenda N.O. and 6 Others
HH 48-2022
Case Details
Court
Harare High Court
Date
25 January 2022
Citation
HH 48-2022
Neutral Citation
[2022] ZWHH 48
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Constitutional LawElectoral LawParliamentary Law
Keywords
section 129(1)(k) Constitutionparliamentary vacanciesby-electionsSpeaker of Parliamentpolitical party recalls
Tags
parliamentary recallconstitutional invalidityby-electionspolitical party membership
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- High Court Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent chamber application was properly brought in terms of court rules","issue_type":"procedural","dispositive":"no","related_facts":"Application filed as \"Urgent Court Application\" instead of court application with certificate of urgency"}
- {"issue_text":"Whether Mafusire J's judgment required confirmation by Constitutional Court under section 175(1)","issue_type":"constitutional","dispositive":"yes","related_facts":"Respondents argued judgment concerned constitutional invalidity of Parliament's conduct"}
- {"issue_text":"Whether electoral vacancies existed for the applicants' constituencies","issue_type":"mixed","dispositive":"yes","related_facts":"Mafusire J had declared recall null and void, proclamation declared same seats vacant"}
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background
Facts of the Case
Background
Six Members of Parliament were recalled from Parliament by their political party in March 2021. The High Court per Mafusire J declared the recall null and void and ordered their reinstatement. The President subsequently proclaimed by-elections to fill the "vacant" seats. The applicants sought to set aside this proclamation arguing no vacancies existed due to the extant court order.
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