Mlandu v Mkandhla (HC 8228 of 2000) [2003] ZWHHC 4 (14 January 2003)

Mlandu v Mkandhla (HC 8228 of 2000) [2003] ZWHHC 4 (14 January 2003)

Uncontroverted and reliable evidence established that widespread intimidation and violence by ZANU-PF supporters, acting as agents of the respondent, occurred in relation to the election, affecting free franchise and amounting to corrupt practices under the Electoral Act. The respondent failed to show he took precautions to prevent such practices or that his election could be saved under s 125 of the Act. The election is therefore void.

Citation
[2003] ZWHHC 4
Parties
Petitioner: Sibangani Mlandu; Respondent: Eleck Mkandhla
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
14 January 2003
Case Number
HC 8228 of 2000
Procedural Posture
Election Petition / Judgment
Outcome
Petition allowed; election set aside
Legal Topics
Corrupt Practices, Electoral Violence, Setting Aside Election, Agency in Election Offences
Source Language
English
Election Law Corrupt Practices Electoral Violence Setting Aside Election Agency in Election Offences

Case Brief

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Parties

Sibangani Mlandu

Petitioner

Eleck Mkandhla

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether corrupt practices were committed in relation to the election of the respondent
  2. 2 Whether such corrupt practices void the election under the Electoral Act
  3. 3 Whether the respondent or his agents sanctioned or connived in the corrupt practices

Ratio Decidendi

Uncontroverted and reliable evidence established that widespread intimidation and violence by ZANU-PF supporters, acting as agents of the respondent, occurred in relation to the election, affecting free franchise and amounting to corrupt practices under the Electoral Act. The respondent failed to show he took precautions to prevent such practices or that his election could be saved under s 125 of the Act. The election is therefore void.

Court Disposition

Petition allowed; election set aside

Orders

  • The election of the respondent as Member of Parliament for Gokwe North Constituency is set aside.
  • The registrar shall certify to the Minister that corrupt practices were committed in relation to the election by and with the knowledge and consent or approval of the respondent's agents.