Judgment No. SC 69/15 1
Civil Appeal No. SC 9/14
REPORTABLE
(67)
JAMESON
ZVIDZAI TIMBA
v
(1)
CHIEF ELECTIONS OFFICER (2) THE CHAIRPERSON
ELECTORAL COMMISSION (3) ZIMBABWE ELECTORAL
COMMISSION (4) JAISON PASADE (5) PETER VICTOR
MUKUCHAMANO
SUPREME COURT OF ZIMBABWE
ZIYAMBI JA, GWAUNZA JA & GUVAVA JA
HARARE, JUNE 12, 2014 & NOVEMBER 17, 2015
T. Maanda, for the appellants
T.M. Kanengoni, for the 1st, 2nd & 3rd respondents
No Appearance, for the 4th & 5th respondents
GWAUNZA JA:
This is an appeal against the entire judgment of the
Electoral Court, handed down on 9 January 2014. The appellant prays that the judgment of
the court a quo be set aside and substituted with one granting the application that he filed in
that court. The main relief that he sought before the court a quo was an order directing the
Zimbabwe Electoral Commission (‘the Commission’), to deliver to, and for inspection by,
himi)
all records relating to the Mt Pleasant Constituency in the 2013 harmonised
general elections, and
ii)
all closed and sealed ballot boxes, sealed cardboard boxes and sealed packets
referred to in s 70(1) of the Electoral Act (Cap 2:13).