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Supreme Court Judgment No SC 25/06, Constitutional Application No. 160/05

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(1) CLAUDIOUS MARIMO
(2) MOVEMENT FOR DEMOCRATIC CHANGE

v

(1) THE MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS
(2) THE ATTORNEY GENERAL
(3) THE CHIEF JUSTICE
(4) HERBERT MURERWA

SUPREME COURT OF ZIMBABWE
SANDURA JA, CHEDA JA, ZIYAMBI JA, MALABA JA & GWAUNZA JA
HARARE, JANUARY 12 & JULY 25, 2006

E Matinenga with him E Mushore, for the applicants
V Mabhiza with him C Muchenga, for the respondents

MALABA JA: This is an application in terms of s 24(1) of the Constitution of Zimbabwe ("the Constitution") for redress of an alleged contravention of Declaration of Rights contained in ss 18(1) and 18(9) of the Constitution.
The right guaranteed to any person under s 18(1) is the right to protection of the law whilst that entrenched in terms of s 18(9) is the right to a fair hearing within a reasonable time by an independent and impartial court established by law.

The first applicant was a candidate for election as a member of Parliament for Goromonzi Constituency in the general election held on 31 March 2005. He was sponsored by the second applicant ("the MDC") which is a registered political party. The seat for Goromonzi Constituency was won by the fourth respondent who was a candidate in the general election sponsored by the Zimbabwe African National Union - Patriotic Front ("ZANU-PF").
The parliamentary elections were conducted in terms of the Electoral Act [Chapter 2:13] ("the Act") which came into operation on 1 February 2005. Section 161 of the Act established a new court called the Electoral Court ("the Court") with jurisdiction to hear and determine election petition and other matter in terms of the Act.

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