This is an application brought under s 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant’s rights enshrined in ss 18(1) and 18(1a) have been contravened. More
This application is brought in terms of s 24(1) of the Constitution of Zimbabwe which provides as follows:
“24 ENFORCEMENT OF PROTECTIVE PROVISIONS
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of... More
It is common cause that during the course of the year 2022, the third respondent undertook a delimitation exercise of the electoral boundaries into which Zimbabwe is to be divided in fulfilment of the provisions of ss 160 and 161 of the Constitution of Zimbabwe (“the Constitution”). On 20 February 2023, following the observance of the prescribed constitutional processes, a final delimitation report was gazetted by the fourth respondent. The report was published as Statutory Instrument 14 of 2023. The first and second respondents alleged that the final delimitation report was invalid as it fell short of the requirements of... More
This application was referred to this Court by the court a quo in terms of s 24(2) of the old Constitution of Zimbabwe (hereinafter referred to as “the Constitution”). More
After considering the papers filed of record and hearing counsel, this Court issued the following order:
“It is ordered that:
1. The application for the trial of the applicant in case number CRB 8/2000 to be permanently stayed be and is hereby dismissed.
2. The matter is remitted to the trial judge at the High Court, Harare, for the reconstruction of the missing record, to include the reasons for conviction, proceedings and findings on the question of extenuation and thereafter for him to pass sentence.
3. The reasons for this order will follow in due course.
4. There be no... More
