1. On 11 January 2023, the High Court issued an order declaring the provisions of s 314 of the Urban Councils Act [Chapter 29:15], (“the Act”), inconsistent with the Constitution and therefore invalid.
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In this application, the applicant seeks an order in the following terms:
“(a) The prosecution of applicant by the General Court Martial 02/13 for the offence of contravening paragraph 15 (2) (a) of the Defence Act [Chapter 11:02], that is, absence without leave which occurred in 2004 be and is hereby permanently stayed.
(b) First, second, third and fourth respondents, the one paying the others to be absolved, are to pay the costs of suit.”
[2] The application, which was opposed by the respondents, was heard before this court on 16 October 2013 and judgment reserved. For reasons that remain...
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On 4 July 2017, the Supreme Court acting in terms of s 175(4) of the Constitution referred a constitutional matter to this Court. The essence of its order is to seek from this Court an answer to the question whether or not s 27 of the Public Order and Security Act [Chapter 7.11], (POSA) is constitutional.
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This is an application made in terms of s 175(3) of the Constitution of Zimbabwe, 2013, for an order confirming a declaration of constitutional invalidity made by the High Court of Zimbabwe.
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