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Term of Office, Membership of Parliament, Principle of Representative Democracy and the Effect of Dissolution of Parliament

HH110-13 : THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE vs ABEDINICO BHEBHE and NJABULISO MGUNI and NORMAN MPOFU
Ruled By: CHIWESHE JP

It became apparent that the parties were not agreed as to when the present Parliament would stand dissolved. As I considered this point of crucial importance I directed that we adjourn in order that the parties prepare and submit heads of argument on that point. At that stage, counsel for the applicant had argued that ...
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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

Section 143(1) of the Constitution provides that: “143 Duration and dissolution of Parliament (1) Parliament is elected for a five-year term which runs from the date on which the President-elect is sworn in and assumes office in terms of section 94(1)(a), and Parliament stands dissolved at midnight on the day before the first polling day in the next ...
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CC04-20 : INNOCENT GONESE and JESSIE MAJOME vs PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY and PRESIDENT OF THE SENATE and EMMERSON MNANGAGWA N.O. and PRESIDENT OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and BHUNU JCC

The two applicants are Members of Parliament. They brought two separate applications in terms of section 167(2)(d) of the Constitution of Zimbabwe Amendment (No.20) 2013 (“the Constitution”), as read with Rule 27 of the Constitutional Court Rules.They alleged failure by Parliament to fulfil the constitutional obligation to act in accordance ...
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CC04-20 : INNOCENT GONESE and JESSIE MAJOME vs PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY and PRESIDENT OF THE SENATE and EMMERSON MNANGAGWA N.O. and PRESIDENT OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and BHUNU JCC

ANALYSIS OF THE FACTSSENATEThe parties disagreed when it came to the interpretation of the provisions of section 120(1) of the Constitution, which provide for the composition of the Senate.It is not in dispute that, at the time the vote was conducted, the Senate had only 79 Members.The question is whether, ...
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CC12-17 : TAVENGWA BUKAIBENYU vs CHAIRMAN, ZIMBABWE ELECTORAL COMMISSION and REGISTRAR GENERAL OF VOTERS and MINISTER OF CONSTITUTIONAL AND LEGAL AFFAIRS and MINISTER OF JUSTICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA and CHIWESHE AJA

Section 38 of the Constitution provided that there shall be 210 members of the House of Assembly, each elected by and representing 210 constituencies.
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CC01-21 : PRESIDENT OF THE SENATE and PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY vs INNOCENT GONESE and JESSIE MAJOME and MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and PRESIDENT OF REPUBLIC OF ZIMBABWE
Ruled By: MAKARAU AJCC, GOWORA AJCC and PATEL AJCC

MAKARAU AJCC:IntroductionOn 31 March 2020, this Court handed down judgment number CC04-20, disposing of two applications made by the first and second respondents against the applicants and the third and fourth respondents under cases number CCZ57/2017 and 58/2017 respectively.The two applications, filed separately, and on different dates, were brought in ...
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