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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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