Zimbabwe – Ready for Elections?
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These matters were consolidated and heard on 4 July 2013 and were all dismissed in an
omnibus fashion. No reasons have been provided to date for the court’s decision.
4.3.1.2 Registration/ citizenship
Mawere v Registrar General & 3 Ors10
Mutumwa Dziva Mawere filed an application to the Constitutional Court seeking to
assert his citizenship by birth. He wanted the R-G to be compelled to issue him with a
national identity document and to register him to vote. The R-G was refusing to do so.
The Constitutional Court ruled in his favour and granted the application by consent
after the R-G’s legal representatives indicated that the R-G had erred in refusing to
register him and issue the ID.
4.3.1.3 Nomination court challenges
Bere v Chairperson ZEC & Anor11
Bere was an aspiring independent candidate for the Ward 19 Makonde Local Authority
elections. He submitted his nomination papers on time and was advised that one
passport size photograph was missing. Her tried looking for it within the venue and
failed to locate it. He went out and obtained more photos and presented them at around
1430hrs. At around 1715hrs he was advised that his nomination papers could not be
found. He tried to submit a fresh set but was denied the right to do so on account of it
being beyond 1600hrs, being the closing time for the nomination court. He was advised
that his nomination papers had accordingly been rejected. He filed an ordinary
application in the Constitutional Court under case number CCZ48/13 on 4 July 2013 and
an urgent application for urgent hearing under case number CCZ 49/13 on 5 July 2013.
The urgent application was granted and the main matter was set down for hearing on
18 July 2013. The application was dismissed on the basis that his proper relief would
have had been to approach the Electoral Court within four days of the sitting of the
nomination court and lodge his appeal there.
Masamba v Minister of Justice & ZEC12
Masamba filed an application seeking the postponement of the sitting of the nomination
court arguing that he intended to file papers as an independent presidential candidate.
He argued that he was not employed and needed more time to raise the required
nomination fee of US$500. He also argued that he did not have a car and it was not
feasible to get to all the provinces in Zimbabwe to obtain nominees within the space of a
day, given that he was only given copies of the nomination forms barely a day before the
sitting of the nomination court. This application was dismissed on 18 July 2013 on the
basis that it did not disclose a cause of action.
10 Constitutional Court of Zimbabwe unreported case 27/13; Constitutional Court of Zimbabwe
unreported case 30/13.
11 Constitutional Court of Zimbabwe unreported case 48/13 & Constitutional Court of Zimbabwe 49/13.
12 Constitutional Court of Zimbabwe unreported case 42/13.
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