This is an application for leave to appeal against a decision of the Supreme Court handed down on 25 November 2021. Holding that there was no proper appeal before it, the Supreme Court struck from its roll the appeal that the applicant had noted against a judgment of the High Court. Using its review powers, the Supreme Court proceeded to set aside the proceedings of the High Court. In doing so, it held that the High Court did not have the requisite jurisdiction to determine the matter as it did or at all. More
This is a Constitutional Court Application in terms of s 85 (1) of the Constitution of Zimbabwe (the Constitution). The applicant’s contention is that an award of costs made against him in litigation in the High Court of Zimbabwe infringes his rights as enshrined in s 69 (4) of the Constitution. More
After hearing counsel in this matter, we handed down the following order:
“It is ordered that:
1. The application be and is hereby dismissed with costs on a legal practitioner and client scale in favour of both amici curiae.
2. It is apparent from the record of these proceedings that orders were issued by the High Court in Case No. HC 10203/12 and by the Supreme Court in Judgment No. SC1/14 which was confirmed by this Court in Case Number CCZ 8/ 14.
3. It is also apparent that the applicant has disobeyed those orders in clear contravention of s... More
In this application, referred to this court pursuant to the provisions of s 175(4) of the Constitution, the applicant seeks the following order:
1. It is declared that the prosecution of the applicant Jabulani Sibanda in respect of his address to war veterans and others at Herbert Mine, Mutasa District, on 27 October 2014 is unlawful in that it is in violation of ss 60 and 61 of the Constitution of Zimbabwe.
2. No propagation and expression of one’s ideas and opinions should be subjected to prosecution under s 33(2)(b) of the Criminal Law (Codification and Reform) Act.
3. That... More
