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Jurisdiction re: Approach iro Academic or Moot Proceedings and the Doctrine of Justiciability

CC20-19 : THOKOZANI KHUPE and MOVEMENT FOR DEMOCRATIC CHANGE – TSVANGIRAI (MDC-T) vs PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY and MORGEN KOMICHI
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAKONI JCC

This is a court application brought in terms of section 167(2)(d) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (“the Constitution”). The section provides that only the Constitutional Court (“the Court”) may determine whether Parliament or the President has failed to fulfil a constitutional obligation.The applicants seek an order ...
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SC10-20 : ZIMBABWE SCHOOL EXAMINATIONS COUNCIL vs VICTOR MUKOMEKA (on behalf of a minor Charmaine Mukomeka) and CHINGASIYENI GOVHATI (on behalf of a minor Anesu Govhati)
Ruled By: PATEL JA, BHUNU JA and BERE JA

This is an appeal against the judgment of the High Court setting aside the decision of the appellant, made on 8 February 2018, ordering the rewrite of an English language examination at Ordinary Level taken by candidates in November 2017.The appeal is mounted against part of the judgment, in particular, ...
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HB25-12 : GEORGE MPUKUTA vs MOTOR INSURANCE POOL and ZIMBABWE REVENUE AUTHORITY and INSURANCE AND PENSION COMMISSION and MINISTER OF FINANCE
Ruled By: NDOU J

The applicant seeks an order in the following terms:“It is ordered:(a) That the 1st respondent not an insurer in terms of the Insurance Act but an association of insurers with no capacity to issue statutory policies in terms of the Road Traffic [Chapter 13:11] or any other law.(b) That the ...
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Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

This is an appeal against the entire judgment of the High Court, sitting at Harare, handed down on 8 May 2019, in which the following order was granted:1. The appointment of the 2nd and 3rd respondents as Deputy Presidents of the Movement for Democratic Change party were unconstitutional therefore null ...
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SC57-22 : ERICA NDEWERE vs PRESIDENT OF ZIMBABWE N.O. and CHIEF JUSTICE N.O. and JUDGE PRESIDENT OF THE HIGH COURT N.O. and JUDICIAL SERVICE COMMISSION and MINISTER OF JUSTICE N.O.
Ruled By: MAKONI JA, MATHONSI JA and KUDYA JA

THE LAW ON MOOTNESSA matter is moot if the dispute becomes academic by reason of changed circumstances, thus making the jurisdiction of the court unsustainable.The issue was comprehensively dealt with by the Constitutional Court in Thokozani Khupe Anor v Parliament of Zimbabwe Ors CC20-19…, where it ...
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SC13-23 : ERICA NDEWERE vs PRESIDENT OF THE REPUBLIC OF ZIMBABWE and SIMBI MUBAKO and CHARLES WARARA and YVONNE MASVORA
Ruled By: MATHONSI JA, CHATUKUTA JA and MWAYERA JA

This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 7 July 2022 in which it declined to assume jurisdiction in respect of an application filed by the appellant for the review of the recommendations of the second, third and fourth ...
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SC41-21 : YSMIN MAHOMMED vs TAWURAYI KASHIRI
Ruled By: KUDYA AJA

This is a chamber application for condonation of the late filing of an appeal and extension of time within which to appeal launched in terms of Rule 43(1) of the Supreme Court Rules 2018.The application is opposed.BACKGROUND FACTSThe applicant and the respondent are joint owners of an immovable property, Stand ...
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