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Judgment No. CCZ 1/13
Const. Application No. 146/2013
JEALOUSY MBIZVO MAWARIRE
v
(1) ROBERT GABRIEL MUGABE N.O.
(2) MORGAN RICHARD TSVANGIRAI N.O.
(3) ARTHUR GUSENI OLIVER MUTAMBARA N.O.
(4) WELSHMAN NCUBE
(5) THE ATTORNEY-GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA, GOWORA JA, PATEL
JA, HLATSHWAYO JA, CHIWESHE AJA & GUVAVA AJA
HARARE, MAY 24 & 31, 2013
J Mandizha, for the applicant
T Hussein, for the first respondent
Adv Uriri, for the second respondent
Adv T. Mpofu, for the fourth respondent
No appearance for the third and fifth respondents
CHIDYAUSIKU CJ: This is an application brought under s 24(1) of the Constitution of
Zimbabwe (hereinafter "the Constitution") on the basis that the applicant's rights enshrined in
ss18(1) and 18(1a) have been contravened.
The Parties
The applicant is a citizen of Zimbabwe domiciled in this country and has always
regarded this country as his only and permanent home. He is a registered voter in Zaka East
Parliamentary Constituency and also a member of the non-governmental organisation, the
Centre for Election Democracy in Southern Africa, based in Harare.
The first respondent is the President of Zimbabwe, Robert Gabriel Mugabe, who is cited
in his official capacity and as the office-bearer responsible for fixing the date for
Parliamentary, Presidential and local authority elections (hereinafter called "the harmonised
elections"). He is also cited in his capacity as a principal of the Inter-Party Political
Agreement (commonly referred to as the Global Political Agreement ("GPA") between his
political party, the Zimbabwe African National Union (Patriotic Front) ("ZANU-PF") and the
two formations of the Movement for Democratic Change ("MDC"), referred to in Schedule 8
to the Constitution.
The second respondent is Morgan Richard Tsvangirai, who has been cited in his
capacity as the Prime Minister of Zimbabwe, who also is a signatory to the "GPA",
representing his formation of the MDC.
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