This is a referral in terms of s 175(4) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”) from the Magistrate’s Court (“the court a quo”) sitting at Gwanda. More
This matter is brought by way of referral in terms of s 24 (2) of the former Constitution of Zimbabwe (“the former Constitution) which provides as follows:
“24 Enforcement of protective provisions
(1)…
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous... More
This is an application for direct access to the Constitutional Court made in terms of s 167(5)(a) of the Constitution of Zimbabwe. The allegation is that the conduct of the respondents violated the applicant`s fundamental rights as enshrined in ss 69(1) and 70(1)(d),(e) and (f) of the Constitution. More
The court did not hear argument on the merits of this application, but determined it on the preliminary point of whether or not the matter had been properly brought before the Constitutional Court. More
The applicant owed the second respondent the sum of US$327 345.77 plus interest thereon at the rate of fifty percent per annum. On a date that is not material, the second respondent obtained judgment in the High Court against the applicant for the payment of the debt together with the accrued interest.
The applicant failed to satisfy the judgment debt. In due course, the first respondent attached the applicant’s farm and sold it by public auction. The sale realised the sum of US$205 000.00. The applicant successfully objected to the sale. The first respondent set the sale aside, accepting that... More
