This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) from a decision of the Supreme Court in terms of r 32(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). The rule provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
After hearing argument from counsel, the court was unanimous in granting this application in the following terms:
“1. It is declared that the applicant is not disqualified from standing as a candidate for election as a councillor in the forthcoming municipal elections.
2. There shall be no order as to costs.” More
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
