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Constitutional Court Ruling on Elections | Zimbabwe Human Rights NGO Forum

Constitutional Court Ruling on Elections

The Constitutional Court (formerly Supreme Court) declared that:

1. It is declared that the harmonised general elections in terms of s 58(1) of the Constitution of Zimbabwe are due upon the dissolution of Parliament on 29 June 2013. However, due to the first respondent’s failure to issue a proclamation fixing the date for the harmonised elections timeously it is no longer legally possible to hold the harmonised elections on that date.

2. It is declared that the failure by the first respondent to fix and proclaim date(s) for harmonised general lections to take place by 29 June 2013 is a violation of the first respondent’s constitutional duty towards the applicant
to exercise his functions as a public officer in accordance with the law and to observe and uphold the rule of law in terms of s 18(1a) of the Constitution.

3. It is further declared that by failing to act as stated in para 2 above, the first respondent has violated the applicant’s rights as a voter and his legitimate expectation of protection of the law entrenched in s 18(1) of the
Constitution.

4. Accordingly, the first respondent be and is hereby ordered and directed to proclaim as soon as possible a date(s) for the holding of Presidential election, general election and elections for members of governing bodies of local authorities in terms of s 58 (1) of the Constitution of Zimbabwe, which elections should take place by no later than 31 July 2013.

5. The first respondent shall bear the costs of the applicant.

Access the judgement here:The Zimbabwe Elections Constitutional Judgement

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