This is an application brought in terms of s 167(2)(d) of the Constitution of Zimbabwe, as read with rr 21(1)(d) and 27(1) of the Constitutional Court Rules, 2016, for a declaration that the President of the Republic of Zimbabwe, the first respondent herein, failed to fulfil the constitutional obligation imposed upon him by s 259(3) as read with s 180 of the Constitution of Zimbabwe when he appointed the fifth respondent as the Prosecutor-General of Zimbabwe. All the respondents have opposed the application for various reasons which will be articulated in the course of this judgment. More
[1] After hearing argument on a point in limine raised by the first and third respondents, this Court issued the following order:-
“1. The preliminary point raised by the respondents is upheld.
2. The matter is struck off the roll with costs.
3. The reasons for this order are to follow in due course.”
[2] What follow are the reasons for that order. More
The applicant is a Zimbabwean citizen. He seeks a declaration of constitutional invalidity of s 192 (6) of the Electoral Act [Chapter 2:13], on the basis that it violates ss 67 (1) (a), 235 (1)(a), 235 (3) and 134 of the Constitution of Zimbabwe. In consequence, he seeks that this Court strike down or expunge the words “approved by the Minister” from the impugned provision. More
This is an application in terms of s 85(1) (a) and (d) of the Constitution of Zimbabwe (hereinafter referred to as “the Constitution”), in which the applicant seeks the relief set out in the draft order. The draft order seeks the declaration of s 95(1(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Act”) as unconstitutional. The applicant was charged with contravening the above section. The applicant also seeks an order declaring certain conduct of the State unconstitutional. More
The applicant approaches this Court under s 167(2)(d) as read with s 85(1) of the Constitution of Zimbabwe. It seeks an order declaring that the Constitution of Zimbabwe Amendment No1 Bill, alternatively, the Constitution of Zimbabwe Amendment No1 Act, and the Constitution of Zimbabwe Amendment No2 Act are invalid. Ultimately the applicant seeks an order that both be set aside following a declaration of invalidity. More
