This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”), made in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). More
This is an opposed application for leave to appeal against a decision of the Supreme Court (“the court a quo”) made in terms of s 167(5)(b) of the Constitution as read with r 32(2) of the Constitutional Court Rules, 2016 (“the Rules”). More
This matter was initially set down on the Supreme Court roll as an appeal matter. At the hearing of the appeal, the respondent submitted that the matter raised a constitutional issue of whether the law of parate executie violates the access to the courts provision, s 69(3) of the current Constitution of Zimbabwe (“the Constitution”). Mr Matinenga applied for a referral to the Constitutional Court for the determination of that issue. More
This is a chamber application for condonation and extension of time within which to file an application for leave to note an appeal against the decision of the Supreme Court under judgment number SC 89/20. The instant application was made pursuant to r 35 of the Constitutional Court Rules 2016. The applicant craves the grant of his application, with no order as to costs. More
In this application, the applicant seeks the following relief:-
1. A declaration that the refusal by the Magistrate to refer the issues raised by the applicant to the Supreme Court is wrong at law and consequently a breach of the applicant’s right to the protection of the law enshrined in section 18(1) of the former Constitution of Zimbabwe.
2. A declaration that the decision by the Attorney-General to proceed with the prosecution of the applicant more than five years after the alleged commission of the offence is a violation of the applicant’s right to the protection of the law under... More
