MOVEMENT FOR DEMOCRATIC CHANGE & ANOR v CHINAMASA & ANOR NNO 2001 (1) ZLR 69 (S)

Flynote

Constitutional law ” Constitution of Zimbabwe 1980 ” Declaration of Rights ” s 18(1) (right to protection of the law) ” s 18(9) (right to fair hearing by impartial court in determination of civil rights) ” notice under electoral law purporting to deprive persons disputing election results of right to do so ” such notice contrary to s 18

Constitutional law ” Constitution of Zimbabwe 1980 ” Declaration of Rights ” s 24(1) ” application to Supreme Court to secure protection of Declaration of Rights ” right to make application in respect of validity of statutory instrument ” not affected by procedure whereby Parliamentary Legal Committee examines statutory instruments forconstitutional validity ” no requirement for party to seek relief first from High Court by way of review

Elections ” election petition ” statutory instrument purporting to declare election results valid irrespective of alleged irregularities and to deprive dissatisfied candidate of right to present election petition ” such notice contrary to s 18(9) of the Constitution

Statutes ” regulations ” validity ” Electoral Act (Modification) (No. 3) Notice 2000 (SI 318 of 2000) ” notice purporting to declare election results valid irrespective of alleged irregularities and to deprive dissatisfied candidate of right to present election petition ” such notice contrary to s 18(9) of the Constitution