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Judgement in High Court case: Roger Stringer v Chairperson, ZEC and 9 others
Justice J. Uchena
June 28, 2007

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The applicant is a resident of the City of Harare, and a registered voter for an area falling under the City of Harare. He is aggrieved by the 1st respondent's failure to conduct elections for Councillors and the Mayor of the City of Harare, which he claims were due in August 2006. He seeks an order compelling the 1st respondent to give notice in terms of section 124 of the Electoral Act [Chapter 2:13] hereinafter called the Electoral Act, of the holding of elections for Councillors and the Mayor of Harare.

The facts

The applicant seeks the following order against the 1st respondent:

1. "The Zimbabwe Electoral Commission shall forthwith cause a General Election to be held of Councillors for the City of Harare, and shall cause an election to be held for the Mayor of the City of Harare and in particular shall cause the relevant notices with regard to such elections to be published in terms of section 124 of the Electoral Act, (Chapter 2:13) within 7 days of service of this order of court; and

2. the costs of this application be borne jointly and severally by the 1st Respondent and any other respondent opposing these proceedings."

Note: Uchena ruled in favour of every legal issue raised on Stringer's side, but dismissed the application because Chombo had indicated that the ward boundaries were being delimited and it would therefore be undesirable to order that elections be held now as it might result in some residents being disenfranchised. Stringer's lawyers are currently preparing an appeal.

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