This is an application in terms of s 85 (1) of the Constitution.
The applicants seek an order affirming the first applicant’s constitutional right to belong to a trade union of his choice in terms of s 65(2) of the Constitution. They also seek an order declaring as unconstitutional and a violation of this fundamental right, the conduct of the respondent in: -
1. refusing the first applicant permission to belong to and participate in the lawful activities of the Zimbabwe Banks and Allied Workers Union (ZIBAWU); and
2. giving him the ultimatum to choose between his job and the...
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This is an application in terms of s 85(1)(a) of the Constitution and the background to the matter is as follows: -
The applicants are all citizens of, but are not resident in, Zimbabwe. They give different reasons for their absence, with the first applicant citing political reasons. The second applicant cites economic reasons while the third applicant alleges his absence is premised on economic and political reasons. The applicants state that they wish to participate in the country’s harmonized general elections due later this year, 2018, but are precluded from doing so by certain sections of the relevant law.
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The two applicants are Members of Parliament. They brought two separate applications in terms of s 167(2)(d) of the Constitution of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), as read with r 27 of the Constitutional Court Rules. They alleged failure by Parliament to fulfil the constitutional obligation to act in accordance with the procedure for amending the Constitution prescribed by s 328 of the Constitution. The allegations in the applications are the same. So are the issues.
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