We summarise the facts giving rise to this application from the two applications that were filed in the High Court under case numbers HC 2128/21 and HC 2166/21, respectively. The facts are not complex.
The facts of this application coalesce, and relevantly so, around 15 May 2021 when the Chief Justice, Judge Malaba, reached the age of seventy. A few days before that date, on 7 May 2021 to be precise, the Constitution of Zimbabwe Amendment (No. 2) Act (No. 2 of 2021) came into force. Among other provisions, it amended s 186 of the Constitution to provide for the... More
This is an application made in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim. The application raises questions of the constitutionality of the policy and the actions of the education authorities of compelling schoolchildren to salute the national flag and to say the words “Almighty God, in whose hands our future lies” in the process of reciting a pledge of allegiance to the country. More
This Urgent Chamber Application was placed before me because the Chief Justice was not available to hear it. The application raised two questions for determination. The first question is whether an interim order suspending the operation of legislation compelling payment by a taxpayer of the amount of tax liable to be paid notwithstanding an appeal to the Fiscal Appeal Court or pending a decision of a court should be granted pending the hearing and determination of the main application challenging the constitutional validity of the legislation by the full bench of the Constitutional Court. The second question is whether an... More
The applicant approached the Constitutional Court (“the Court”) in terms of r 32(2) of the Constitutional Court Rules, 2016 (“the Rules”) seeking leave to appeal against an order of the Supreme Court (“the court a quo”) which was couched as follows:
“WHEREUPON, after reading documents filed of record,
IT IS ORDERED THAT:
The appeal having been withdrawn, the appeal be and is hereby dismissed with no order as to costs.” (emphasis added) More
This is a chamber application for an order for leave to appeal to the Constitutional Court (“the Court”), against a decision of the Supreme Court (“the court a quo”) in terms of r 32(2) of the Constitutional Court Rules, S.I. 61/2016 (“the Rules”). The rule provides that a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter only may apply to the Court for leave to appeal against such decision. More
