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Constitutional Appointments, Body Established by the Constitution and the Powers and Extent of Administrative Autonomy

HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The first respondent is the Chairman of the Zimbabwe Electoral Commission, a Commission established in terms of section 61(1) of the Constitution of Zimbabwe. He was appointed in terms of section 61(1)(a) of the Constitution.
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

The applicant is a duly registered company in terms of the laws of this country. It is in the business of importing and marketing fuel in terms of licence number 000228 issued by the respondent Ministry on the 2nd of January 2009.It is common cause that on the 4th of September 2009 a consignment of 476,427 litres ...
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HH14-10 : SOBUZA GULA-NDEBELE vs CHINEMBIRI ENERGY BHUNU N.O.
Ruled By: MAKARAU JP

The applicant was the Attorney General for the Republic of Zimbabwe up to May 2008 when he was removed from that office.His removal from office was publicly announced by a notice appearing in the Government Gazette of 16 May 2008. Following this, a letter was dispatched to him by the Chief Secretary to the President ...
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HH14-10 : SOBUZA GULA-NDEBELE vs CHINEMBIRI ENERGY BHUNU N.O.
Ruled By: MAKARAU JP

It presents itself clearly to me, however, that where the recommendation of the Tribunal has been implemented, as required by the Constitution of Zimbabwe, then the decision of the Tribunal ceases to have any independent status, and becomes imbedded in and forms an integral and inseparable part of the action of the President. Section 110(3) of ...
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SSC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

This is a matter on appeal from a decision of the High Court handed down on 19 October 2011. It concerns the powers of the Attorney-General, the respondent, in the specific context of private prosecutions by corporate entities. The factual circumstances of this matter are common cause. In early 2010 four senior employees of the appellant were ...
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Appealed
HH86-11 : MOVEN KUFA and THE VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE N.O and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE N.O and OTHERS
Ruled By: CHIWESHE JP

In this opposed application, the applicants seek an order in the following terms:“IT IS ORDERED THAT:1. The purported appointments and entry into office as Ministers of:SAVIOUR KASUKUWERE;JOSEPH MADE;WALTER MUZEMBI;FLORA BHUKA;SYLVESTER NGUNI;HENRY MADZORERA; GILES MUTSEKWA; andSEKAI HOLLANDare hereby declared to be null and void.ALTERNATIVELY1. 1st respondent and 2nd respondent be and are hereby directed, within seven days of the date of service of this order ...
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HB43-10 : QHUBEKANI DUBE and MQONDISI MOYO and PHATHISANI NONDO vs CONSTITUTIONAL SELECT COMMITTEE (COPAC)
Ruled By: NDOU J

The respondent, the Constitutional Select Committee (COPAC), is a Parliamentary body set up in terms of the Constitution of Zimbabwe (as amended by the Constitution of Zimbabwe Amendment Number 19 of 2008) to spearhead the drafting of a new Constitution.
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HB172-13 : JUDICIAL SERVICE COMMISSION vs HLEZIPHI NDLOVU and NONKULULEKO MKHONTO and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MOYO J

In terms of Section 180(2) of the Constitution, the Judicial Service Commission does the administrative work leading to the appointment of judges. In terms of the same section subsection (3), the authority to appoint the nominees selected by the Judicial Service Commission (in terms of section 180(2)) vests in the President of the Republic of ...
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SSC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

ATTORNEY-GENERAL'S DISCRETION The requirements for the issuance of a certificate nolle prosequi are crisply spelt out in section 13 of the Criminal Procedure and Evidence Act [Chapter 9:07]. As was expounded by GUBBAY JA in Levy v Benatar 1987 (1) ZLR 120 (S)….: “The private party concerned must show: (i) Some substantial and peculiar interest; (ii) In the issue of the ...
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SSC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

ORIGINS OF RIGHT OF PRIVATE PROSECUTION Before addressing the status of corporate entities in the prosecutorial context, it seems necessary to delineate the historical background to private prosecutions generally. As was recognised and restated in section 89 of the former Lancaster House Constitution: “Subject to the provisions of any law for the time being in force in ...
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CC13-17 : IN RE: PROSECUTOR-GENERAL OF ZIMBABWE ON HIS CONSTITUTIONAL INDEPENDENCE AND PROTECTION FROM DIRECTION AND CONTROL vs x
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC and UCHENA JCC

After hearing counsel in this matter, we handed down the following order: “It is ordered that: 1. The application be and is hereby dismissed with costs on a legal practitioner and client scale in favour of both amici curiae. 2. It is apparent from the record of these proceedings that orders were issued by the High ...
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SC31-10 : COMMERCIAL FARMERS UNION and OTHERS vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

In any event, section 76 of the Constitution provides for the independence of the Attorney-General. It provides, in section 76(7), that the Attorney-General shall not be subject to the direction or control of any person or authority in the exercise of his prosecutorial authority.
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HB57-16 : HAMUTENDI KOMBAYI and OTHERS vs MINISTER OF LOCAL GOVERNMENTand PROVINCIAL ADMINISTRATOR, MIDLANDS PROVINCE and DR LUCKSON CHIKUMBIRIKE NO. and MR G. N KHOSA NO. and NICHOLAS MOYO NO.
Ruled By: BERE J

When section 278 of the Constitution speaks to the need to appoint an independent tribunal to look into the allegations raised against the applicants; it means much more than handpicking those who constitute such a tribunal. The qualifications of those independent members of such a tribunal must not be a subject of speculation but ...
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SC68-17 : JUDICIAL SERVICE COMMISSION vs ROMEO TAOMBERA ZIBANI and OTHERS
Ruled By: HLATSHWAYO JA, PATEL JA and ZIYAMBI AJA

The critical provision of the Constitution, for present scrutiny, is section 180, which provides for judicial appointments as follows: “(1) The Chief Justice, the Deputy Chief Justice, the Judge President of the High Court and all other judges are appointed by the President in accordance with this section. (2) Whenever it is necessary to appoint a judge, the ...
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CC05-18 : JUSTICE MAVEDZENGE vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and CHAIRPERSON - ZIMBABWE ELECTORAL COMMISSION and ATTORNEY GENERAL
Ruled By: MALABA CJ, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, UCHENA JCC and ZIYAMBI AJCC

Section 235 of the Constitution provides as follows: “235 Independence of Commissions (1) The independent Commissions - (a) Are independent and are not subject to the direction or control of anyone; (b) Must act in accordance with this Constitution; and (c) Must exercise their functions without fear, favour or prejudice; although they are accountable to Parliament for the efficient performance of their functions. (2)…,. (3) No person ...
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HH465-15 : ELIAS GAMBAKWE and SANANGURAI MUCHAKABARWA and OTHERS vs HEBERT CHIMENE and BIKITA DISTRICT ADMINISTRATOR and MASVINGO PROVINCIAL ADMINISTRATOR and MINISTER OF LOCAL GOVERNMENT N.O.
Ruled By: UCHENA J

Section 342(1) of the Constitution provides as follows; “342 (1) A power, jurisdiction or right conferred by this Constitution may be exercised, and a duty imposed by this Constitution must be performed, whenever it is appropriate to do so.”….,.
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CC01-19 : ZIMBABWE LAW OFFICERS ASSOCIATION and DERECK CHARAMBA vs NATIONAL PROSECUTING AUTHORITY and PROSECUTOR GENERAL N.O. and MINISTER OF JUSTICE N.O. and COMMISSIONER GENERAL OF POLICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

The first respondent is the National Prosecuting Authority (the NPA) established in terms of section 258 of the Constitution. It is the body tasked with instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions necessary or incidental to such prosecutions.
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View Appeal
CC22-17 : MOVEN KUFA and VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE and OTHERS
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA and OMERJEE AJA

This is an appeal against the decision of the High Court dismissing with costs an application made by the appellants seeking an order declaring the appointment of certain ministers of Government to be unconstitutional, and, in the alternative, an order directing the first and second respondents to act in accordance with the provisions of the Constitution….,. FACTUAL BACKGROUND On 15 September 2008, ...
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CC07-19 : LEVI NYAGURA vs LANZANI NCUBE N.O. and THE PROSECUTOR-GENERAL OF ZIMBABWE and TAPIWA GODZI and MICHAEL CHAKANDIDA
Ruled By: MALABA CJ and UCHENA JCC and MAKONI JCC

This is a chamber application for an order for direct access to the Constitutional Court (“the Court”) made in terms of Rule 21(2) of the Constitutional Court Rules, S.I.61 of 2016 (“the Rules”). FACTUAL BACKGROUND In 2014, the University of Zimbabwe awarded a Doctor of Philosophy degree to Mrs Ntombizodwa Grace Mugabe (nee Marufu) (“Mrs Mugabe”). The applicant was ...