defective service effected on the 10th of August 2018 rendered the applicant’s
application fatally and incurably defective.
ix.
The defects with the papers received at the 23rd respondent’s offices on the 10 th
of August 2018 did not, however, end there. Upon perusal of the papers
purportedly served by the applicant on the 10th of August 2018, it was noted that
whilst the single bundle of bound papers was titled “Court Application”, there
was in fact no court application as prescribed under r16 of the Constitutional
Court Rules, (form CCZ1), in that bundle. Let me be clear on this, I do not mean
that there was a defective form CCZ1 in the bundle of papers but that there was
no form CCZ1, defective or otherwise, in the bundle of papers. What was in the
bound bundle of papers was a cover, a consolidated index, notices of addresses
of service and a founding affidavit deposed to by the applicant with various
annexures thereto.
x.
What was purportedly served by the applicant on the 10th of August 2018 was,
therefore, not a court application but an indexed bundle of evidence and notices
of addresses of service. I do not know whether on the 10th of August 2018 the
applicant had in fact issued with the Registrar of the Constitutional Court a court
application in form CCZ1.
xi.
On the following day, the 11th of August 2018, the Sheriff of Zimbabwe served
three copies of the applicant’s application at Mahachi Quantum Building, which
copies now had as part of the bundle of documents, a court application. This was
on the eighth day after the declaration of the result in the election sought to be