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7
through the Sheriff of Zimbabwe in terms of r 9(7) of the Constitutional Court
Rules.
The applicant indicates that he did so. The Sheriff had until 10 pm that same evening
to effect service in compliance with the Rules. The affidavits submitted by the
respondents show that the applicant had in fact attempted service in his own capacity
and without assistance of the Sheriff on 10 August 2018.
It is common cause that the application was eventually served on the respondents on
11 August 2018, outside of the timeframes stipulated in the Constitution and
contrary to the provisions of the Constitutional Court Rules.
The same limitation applied to the respondents, who were served with the
application on Saturday 11 August 2018. The notices of opposition would have been
due within three days from that date, being 14 August 2018.
In terms of s 336(2) of the Constitution of Zimbabwe:
“Subject to this Constitution, whenever the time for doing anything in
terms of this Constitution ends or falls on a Saturday, Sunday or public