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Review re: Constitutional Review of Supreme Court Judgments and Disguised Appeals on Non-Constitutional Matters

Appealed
CC11-18 : LYTTON INVESTMENTS (PRIVATE) LIMITED vs STANDARD CHARTERED BANK ZIMBABWE LIMITED and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ

The Court turns to determine the question whether the applicant has shown that direct access to it is in the interests of justice. Two factors have to be satisfied; (i) The first is that the applicant must state facts or grounds, in the founding affidavit, the consideration of which would lead to the finding that it is in ...
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CC09-19 : SIMON SHONHAYI DENHERE vs MUTSA DENHERE (nee MARANGE) and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ and GWAUNZA DJC and BERE JCC

The South African courts have also stated that the Constitution does not ensure protection of litigants against wrong decisions. In the case of Lane and Fey NNO v Dabelstein and Others 2001 (2) SA 1187 (CC) [4] the court held: “Even if the [Supreme Court of Appeal] erred in its assessment of the facts, that would not constitute the denial of the ...
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CC02-20 : JOSEPH CHANI vs JUSTICE HLEKANI MWAYERA and MICHAEL MUGABE and MUSUTAMI CHIFAMUNA and NATIONAL PROSECUTING AUTHORITY
Ruled By: MALABA CJ

This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of section 167(5) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (“the Constitution”), as read with Rule21(2) of the Constitutional Court Rules S.I.61/2016 (“the Rules”).FACTUAL BACKGROUNDAt the conclusion ...
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CC10-15 : PROSECUTOR GENERAL, ZIMBABWE vs TELECEL ZIMBABWE (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GOWORA JCC, GUVAVA JCC, MAVANGIRA AJCC, CHIWESHE AJCC, MAKONI AJCC, BHUNU AJCC

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. At the end of the hearing the court issued the following order:- “The application be and is hereby dismissed with costs ...
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CC05-19 : MISHECK MUZA vs REGGY SARUCHERA (as liquidator of J.W. Jaggers Wholesalers PL) and PRICE TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MALABA CJ and PATEL JCC and GUVAVA JCC

The applicant approached the Constitutional Court (“the Court”) in terms of Rule 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 ...
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CC10-17 : ROBERT CHIITE and SEVEN OTHERS vs THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC and BHUNU JCC

Section 169(1) of the Constitution provides that the Supreme Court is the final court of appeal for Zimbabwe except in matters over which the Constitutional Court has jurisdiction. The respondents are the Trustees of the Leonard Cheshire Homes Central Trust established by a Notarial Deed of Trust on 2 April 1981. The mandate of the ...
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CC08-20 : FEATHERS MUKONDO vs THE STATE
Ruled By: MALABA CJ

This is a chamber application for an order for direct access to the Constitutional Court (“the Court”) in terms of Rule 21(2) of the Constitutional Court Rules, S.I.61 of 2016 (“the Rules”).The applicant intends to file the substantive application with the Constitutional Court in terms of section 85(1)(a) of the ...
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CC09-20 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MALABA CJ

This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) against a decision of the Supreme Court (“the court a quo”) in terms of Rule 32(2) of the Constitutional Court Rules S.I.61 of 2016 (“the Rules”), as read with section 167(5)(b) of the Constitution of ...
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