Abstract:
The author analyses the law and practice of litigating election petitions before Zimbabwean courts. He makes the finding that the law is so strictly drafted so as to make it almost impossible to prosecute a petition without making fatal mistakes. The author concludes that to the extent that the election petition procedure is highly technical yet it serves to enforce political rights (Section 67 of the Constitution), it is to that extent unconstitutional. He further concludes that there is nothing to support the view that election petition proceedings are sui generis proceedings. He recommends that much of the procedural and substantive law governing petitions must be either repealed or revised to bring it to speed and be subject to the centrality of the Declaration of Rights in the 2013 Constitution of Zimbabwe.
Biography
Dr. Tarisai Mutangi is a lawyer and senior law lecturer at Midlands State University.