Seven days after the declaration on 3 August 2013 of the results of the Presidential election (hereinafter referred to as “the election”) held on 31 July 2013, showing Robert Gabriel Mugabe (hereinafter referred to as “the first respondent”) as the winner of the election, Morgan Tsvangirai (hereinafter referred to as “the petitioner”), who was one of the candidates contesting the election, lodged with the Constitutional Court (hereinafter referred to as “the Court”) a petition challenging the validity of the election under s 93(1) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (hereinafter referred to as “the Constitution”).
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This is an appeal against the decision of the High Court dismissing with costs an application made by the appellants seeking an order declaring the appointment of certain ministers of government to be unconstitutional and, in the alternative, an order directing the first and second respondents to act in accordance with the provisions of the Constitution.
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This is an application, filed on the basis of urgency, in which the applicant seeks a declaratur that, being a citizen by birth, he is entitled to dual citizenship and that the law does not require of him to renounce his foreign citizenship before he can be issued with a Zimbabwean national identity document.
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At the hearing of the appeal against the decision of the High Court, Harare, declaring as invalid, and consequently striking down, the provisions of ss 2(a), 33 and 36 of the Collective Bargaining Agreement for the Communications and Allied Services Industry, Statutory Instrument 1/12, the parties, by consent, requested the Supreme Court to refer for determination certain constitutional questions to this Court in terms of s 175(4) of the Constitution of Zimbabwe.
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