This is an application for the confirmation of an order of constitutional invalidity in terms of s 175(1) of the Constitution as read with rule 31 of the Constitutional Court Rules, 2016. The order of constitutional invalidity in question was made in the High Court (“the court a quo”) sitting at Harare and was handed down by Katiyo J on 18 July 2024, under case No. HCH 6718/20 and judgment No. HH 475-24. More
On 30 October 2013 the court issued a rule nisi pursuant to s 24(5) of the former Constitution. The rule nisi called upon the Minister of Justice, Legal and Parliamentary Affairs (“the Minister”) to show cause, on 20 November 2013, why s 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Code) should not be declared to be ultra vires s 20(1) of the former Constitution and accordingly invalid. More
This matter was heard on 13 January 2016 with judgment being reserved. On 27 January 2016 this court determined that in view of the fact that this case raises similar issues as that of Farai Lawrence Ndlovu & Anor v The Minister of Justice Legal & Parliamentary Affairs Constitutional Application No.50 of 2015, it was convenient that the two cases be consolidated and heard simultaneously. More
On 3 February 2014 under Case No HB 158/13, the High Court sitting at Bulawayo convicted the applicant of murder with actual intent to kill. After finding that there were no extenuating circumstances surrounding the commission of the offence, the court passed a sentence of death. More
The appellant and another champion of women and children’s causes and rights approached the High Court seeking in the public interest, an order the main thrust of which was to declare the criminal law which governs the age of consent to sexual activities unconstitutional.
The second applicant a quo did not apply for condonation for the late filing of this appeal, which the appellant successfully did. Whilst the second applicant a quo is not before us, where relevant and unavoidable, reference shall be made to the averments that she made. Further and for convenience, where reference is made to the... More
