Tinashe Kambarami v 1893 Mthwakazi Restoration Movement Trust & Ors

SC 66/21

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Case Details

Court

Supreme Court

Date

27 May 2021

Citation

SC 66/21

Neutral Citation

[2021] ZWSC 66/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GUVAVA JA

Full Bench

GUVAVA JAMATHONSI JAKUDYA AJA

Areas of Law

Electoral LawAdministrative LawConstitutional Law

Keywords

Electoral Court jurisdictionDeclaratory orderDisqualification of candidateElectoral Act interpretation

Key Issues

{"issue_text":"Whether the Electoral Court had jurisdiction to grant a declaratory order setting aside the appellant's election","issue_type":"procedural","dispositive":"yes","related_facts":"The Electoral Court granted a declaratur under s 161 of the Electoral Act and s 14 of the High Court Act"}
{"issue_text":"Whether the respondents had locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"First respondent is a Trust, second respondent is a registered voter"}
{"issue_text":"Whether the appellant could only be removed from office under s 278 of the Constitution","issue_type":"law","dispositive":"no","related_facts":"Appellant argued removal could only be through constitutional process"}

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background

Facts of the Case

Background

The appellant was elected councilor for Ward 3 in Bulawayo but was subsequently convicted of theft and fined. The respondents sought a declaratory order in the Electoral Court to set aside his election on grounds of disqualification. The Electoral Court granted the order, but the Supreme Court found that the Electoral Court lacked jurisdiction to grant such a remedy.

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