CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JACHIWESHE AJA
Areas of Law
Constitutional LawElectoral Law
Keywords
Special voteSection 81BSection 67DisenfranchisementBallot papers
Tags
Special VotingRight to VoteConstitutional Rights
legislation
Statutes Cited
Constitution of Zimbabwe
Constitution of Zimbabwe
Constitution of Zimbabwe
Constitution of Zimbabwe
Electoral Act [Chapter 2:13]
Electoral Act [Chapter 2:13]
Electoral Act [Chapter 2:13]
Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether Section 81B(2) of the Electoral Act prohibits special voters who failed to vote due to the State's failure to provide ballot papers from voting in the general election","issue_type":"constitutional","dispositive":"yes","related_facts":"Failure to provide ballot papers to 26,160 special voters"}
{"issue_text":"Whether the constitutional right to vote under Section 67 can be derogated by the failure of the State to facilitate special voting","issue_type":"constitutional","dispositive":"yes","related_facts":"State's logistical failure"}
{"issue_text":"Whether Parliament intended Section 81B(2) to apply where the State failed to put necessary measures in place for special voting","issue_type":"law","dispositive":"yes","related_facts":"Interpretation of statutory provision"}
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background
Facts of the Case
Background
The Zimbabwe Electoral Commission (ZEC) set 14 and 15 July 2013 for special voting but failed to provide ballot papers to 26,160 authorized voters. ZEC issued a press statement allowing these voters to vote in the general election on 31 July 2013, which was challenged as illegal under Section 81B(2) of the Electoral Act.
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