HH 418-23 Lovedale Mangwana v Kasukuwere and Ors

Advocate Uriri & E Mubaiwa, for the applicant
Advocate M Ndlovu & Advocate Mutero, for the l st respondent
Mr T M Kanengoni, for the 2nd respondent


MANGOTA J: The applicant, one Lovedale Mangwana ("Mangwana"), filed this application through the urgent chamber book. He filed it in terms ofrr 59 (6) and 107 of the High Court Rules, 2021. He is moving me to grant him a declaratur and consequential relief. He premises his application on s 85(1) of the constitution of Zimbabwe as read with s 23 (3) of the Electoral Act [Chapter 2: 13] ("the Act"). His suit is against one Saviour Kasukuwere
("Kasukuwere") whom he cites as the first respondent and also against Zimbabwe Electoral Commission ("the commission") and the Minister of Justice, Legal and Parliamentary affairs ("the Minister") who are respectively the second and third respondents herein. His bone of contention is that the commission which sat as the nomination court on 21 June, 2023 acted in error when it accepted Kasukuwere's nomination paper for election to the office of the President of Zimbabwe in the election which shall be held on 23 August, 2023. He insists that Kasukuwere whom he claims was out of Zimbawe for more than eighteen (18) consecutive months is, in terms of s 23 (3) of the Act, no longer a registered voter.



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