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Constitutional Application re: Subsidiarity, Avoidance or Non-Constitutional Remedies & Non-Constitutional Appeals

SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

To discharge the constitutional mandate of enforcing or securing the enforcement of fundamental human rights and freedoms enshrined in the Constitution, the Court must exercise the power expressly conferred on it. Its duty is to determine the question whether the conduct of the State, forming the subject of complaint, contravenes ...
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CC01-13 : JEALOUSY MBIZVO MAWARIRE vs ROBERT G. MUGABE N.O. and MORGAN R. TSVANGIRAI N.O. and ARTHUR G.O. MUTAMBARA N.O. and WELSHMAN NCUBE and THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA, CHIWESHE AJA and GUVAVA AJA

This is an application brought under section 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant's rights enshrined in sections 18(1) and 18(1a) have been contravened….,. (a) Whether the applicant has locus standi to approach the Supreme Court in terms of section 24(1) of the Constitution. The applicant avers in his founding ...
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CC03-16 : MARGARET ZINYEMBA vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and YAKUB MOHAMED
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, GUVAVA JCC and MAVANGIRA JCC

This is an application in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) 2013 (“the Constitution”) alleging that the applicant's fundamental right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair, enshrined in section 68(1) of the Constitution, has been infringed.The cause of the ...
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CC09-16 : BENARD WEKARE and MUSANGANO LODGE (PVT) LTD t/a MUSANGANO LODGE vs THE STATE and THE ATTORNEY GENERAL OF ZIMBABWE and ZIMBABWE BROADCASTING CORPORATION
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

The Zimbabwe Broadcasting Corporation, as a public broadcaster, cannot work in a culture which is that it does what it likes without having to be accountable. The applicants, like all tax payers, have a right to know how their money is spent. There was, however, no evidence that any of the applicants used the ...
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CC10-16 : EVERJOY MEDA vs MAXWELL SIBANDA and ZAMBE GWASIRA and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE and THE REGISTRAR OF DEEDS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GOWORA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

In MEC for Development Planning Local Government, Gauteng v Democratic Party 1998 (4) SA 1157 (CC) it was said: “Where there are both constitutional issues and other issues in the appeal, it will seldom be in the interests of justice that the appeal be brought directly to this Court.” Useful guidance can also ...
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CC13-16 : LIVERA TRADING (PRIVATE) LIMITED and SIMON RUDLAND and SARAH RUDLAND vs TORNBRIDGE ASSETS LTD and CUT RAG PROCESSORS (PVT) LTD and THE SHERIFF OF THE HIGH COURT N.O.
Ruled By: ZIYAMBI JCC

Regarding the propriety of the Order, the applicants alleged that although the chamber application for leave to execute was served upon Messrs Atherstone Cook, who are its legal practitioners of record and who had represented the applicants in the main matter and noted the appeals from the order of MTSHIYA J, the ...
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CC14-16 : FUNGAYI MAJOME vs ZIMBABWE BROADCASTING CORPORATION and MINISTER OF MEDIA, INFORMATION AND PUBLICITY and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

This is an application for relief made in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (“the Constitution”). The applicant is acting in her own interests although she also invokes the alleged violation of the rights of the Movement for Democratic Change-Tsvangirai ('MDC-T'), a political party of which she ...