After perusing documents filed of record and hearing
counsel, the unanimous decision of the Court was that the matter be dismissed
with costs on a legal practitioner and client scale.
The appellants approached the Court on what they term an
appeal from the Supreme Court. Section 167(1)(a) of the Constitution of the
Republic of Zimbabwe ...
After perusing documents filed of record and hearing
counsel, the unanimous decision of the Court was that the matter be dismissed
with costs on a legal practitioner and client scale.
The appellants approached the Court on what they term an
appeal from the Supreme Court. Section 167(1)(a) of the Constitution of the
Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), establishes
the Constitutional Court as the highest court in all constitutional matters. Section
167(1)(b) of the Constitution provides that the Constitutional Court decides
only constitutional matters and issues connected with decisions on
constitutional matters. A constitutional matter is defined, under section 332
of the Constitution, to mean a matter in which there is an issue involving the
interpretation, protection or enforcement of the Constitution. The issue raised
before a court will be sufficient evidence of the existence of a constitutional
matter to the extent that its determination requires the interpretation,
protection or enforcement of the Constitution.
The appellants approached the Court in terms of section 167(5)
of the Constitution which provides:
“(5) Rules of the Constitutional Court must allow a person,
when it is in the interests of justice and with or without leave of the
Constitutional Court –
(a) To bring a constitutional matter directly to the
Constitutional Court;
(b) To appeal directly to the Constitutional Court from any
other court;
(c) To appear as a friend of the court.”
As the appellants approached the Court before the
promulgation of the Constitutional Court Rules 2016 (S.I.61 of 2016) it fell
upon the Court to decide whether the Supreme Court arrived at the judgment
purportedly appealed against upon determination of a constitutional matter as
defined in section 332 of the Constitution.
If the court finds that no constitutional issue
was placed before the Supreme Court for it to determine in arriving at its
decision, it would not be in the interests of justice to allow the appellants
to appeal directly to the Constitutional Court from the judgment of the Supreme
Court.