Tsvangirai v Registrar General (Elections); Tsvangirai v Registrar General (Elections); Tsvangirai v Minister of Justice Legal and Parliamentary Affairs (HC 471 of 2003) [2003] ZWHHC 32 (11 February 2003)

Tsvangirai v Registrar General (Elections); Tsvangirai v Registrar General (Elections); Tsvangirai v Minister of Justice Legal and Parliamentary Affairs (HC 471 of 2003) [2003] ZWHHC 32 (11 February 2003)

The court held that the Voters Roll was not covered by the sealing provisions of the Electoral Act and should be made available for inspection. The applicant was entitled to further discovery where there were reasonable grounds to believe relevant documents existed. Requests for discovery must be sufficiently...

Source-derived case information.

Citation
[2003] ZWHHC 32
Parties
Applicant: Morgan Tsvangirai; Respondent: Registrar General (Elections); Respondent: Minister of Justice, Legal and Parliamentary Affairs
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
11 February 2003
Case Number
HC 471 of 2003
Procedural Posture
Civil Application (discovery) / Ruling on Urgent Applications for Discovery and Inspection
Outcome
applications granted in part
Legal Topics
Discovery of Documents, Inspection of Documents, Privilege, Electoral Process, Costs
Source Language
english
Civil Procedure Election Law Discovery of Documents Inspection of Documents Privilege Electoral Process Costs

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Summary, issues, holding and outcome

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Parties

Morgan Tsvangirai

Applicant

Registrar General (Elections)

Respondent

Minister of Justice, Legal and Parliamentary Affairs

Respondent

Procedural Posture

Civil Application (discovery) / Ruling on Urgent Applications for Discovery and Inspection

Legal Issues

  1. 1 Whether the applicant is entitled to inspection of the Voters Roll for the 2002 Presidential Election.
  2. 2 Whether the applicant is entitled to further discovery of documents from the Registrar General and Minister of Justice, Legal and Parliamentary Affairs.
  3. 3 Whether the respondents are obliged to discover documents claimed as privileged.

Ratio Decidendi

The court held that the Voters Roll was not covered by the sealing provisions of the Electoral Act and should be made available for inspection. The applicant was entitled to further discovery where there were reasonable grounds to believe relevant documents existed. Requests for discovery must be sufficiently specific to enable compliance. Where privilege is claimed, it must be properly asserted and justified in the discovery affidavit.

Court Disposition

applications granted in part

Orders

  • Registrar General to make available for inspection the Voters Roll for the 2002 Presidential Election within five days.
  • Registrar General to effect further discovery of specified documents within five days in HC 470/2003.