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Rules of Construction or Interpretation re: Constitutional Provisions

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

This case is about a permanent stay of a criminal prosecution because of torture and inhuman and degrading treatment to which the applicant was subjected by State security agents prior to being brought to Court on a criminal charge.Jestina Mukoko (hereinafter referred to as (“the applicant”) appeared before a magistrate ...
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HH128-09 : ROUTE TOUTE BV & OTHERS vs MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR LAND LAND REFORM AND RESETTLEMENT & OTHERS
Ruled By: PATEL J

Section 16B of the Constitution of Zimbabwe came into operation on the 14th of September 2005. Subsections (2) and (3) of section 16B of the Constitution of Zimbabwe..., provide as follows:“(2) Notwithstanding anything contained in this Chapter –(a) All agricultural land –(i) that was identified on or before the 8th ...
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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

On the merits, the applicants appear to have established a prima facie case for the grant of the order they seek - assuming a literal construction of the relevant provision is adopted. I agree with the applicants that Schedule 8 of the Constitution of Zimbabwe is part of the Constitution by virtue of the Constitution of ...
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HH321-14 : FORTUNATE CHIOKOYO vs RICHARD NDLOVU and CHARLES SIMBI and CHIEF ELECTIONS OFFICER (ZEC) and REGISTRAR GENERAL OF VOTERS
Ruled By: UCHENA J

It is…, a Constitutional rule of interpretation that all provisions of the Constitution must be considered in construing a provision of the Constitution. Section 46 of the Constitution makes this rule applicable to Chapter 4 of the Constitution while section 331 of the Constitution makes it applicable to the whole Constitution.
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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

PATEL JA: Turning to the substantive merits of the matter, the principal issue for determination is the meaning of and inter-relationship between sections 58(1), 63(4) and 63(7) of the former Constitution. On this aspect, I fully endorse the principle of constitutionalism that informs the approach taken by the learned CHIEF JUSTICE and the majority of ...
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CC05-14 : FARAI MADZIMBAMUTO vs THE REGISTRAR GENERAL and PRINCIPAL DIRECTOR OF IMMIGRATION and MINISTER OF HOME AFFAIRS and ATTORNEY GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA and GUVAVA JA

INTERPRETATION OF THE CONSTITUTIONAL RIGHT The approach to interpretation of a constitutional right has been laid down in many decisions of the predecessor of this Court. Thus, in Rattigan Ors v Chief Immigration Officer Ors 1994 (2) ZLR 54 (S)…, the Court held: “This Court has, on several occasions in the past, pronounced ...
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CC04-15 : MUTUMWA DZIVA MAWERE vs REGISTRAR GENERAL and ZIMBABWE ELECTORAL COMMISSION and PRESIDENT OF THE REPUBLIC OF ZIMBABWE and ATTORNEY GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, PATEL JA, and CHIWESHE AJA

INTERPRETATION OF THE CONSTITUTION Section 2 of the Constitution provides that the Constitution is the Supreme law of the land and that any law, practice, custom or conduct inconsistent with it, is invalid to the extent of the inconsistency. It also provides that the obligations imposed by the Constitution are binding on every person, including the ...
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CC12-15 : LOVENESS MUDZURU and RUVIMBO TSOPODZI vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS N.O and MINISTER OF WOMEN'S AFFAIRS, GENDER & COMMUNITY DEVELOPMENT and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

Section 46(1)(c) of the Constitution imposes an obligation on a court, when interpreting any provision of the Constitution contained in Chapter 4, to take into account international law and all treaties and conventions to which Zimbabwe is a party. Both section 22(1) of the Marriage Act [Chapter 5:11] and section 78(1) of ...
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CC08-16 : OBEDIAH MAKONI vs COMMISSIONER OF PRISONS and MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC, BHUNU JCC, UCHENA JCC and CHITAKUNYE AJCC

A further guide to the interpretation of the Declaration of Rights as a whole is afforded by section 46(1)(c) and (e) of the Constitution in the specific context of international law and foreign law. In addition to considering all other relevant factors that are to be taken into account in the interpretation of a Constitution, courts ...
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SC65-17 : GEORGE ZAWAIRA and ANNA ZAWAIRA and JOSEPH ZAWAIRA and TENDAYI ZAWAIRA and OTHERS vs ROBERT ZAWAIRA and W. NYAMUPFUKUDZA and THE MASTER OF THE HIGH COURT
Ruled By: MALABA DCJ, GOWORA JA and HLATSHWAYO JA

This Court has, on a previous but slightly different occasion, pertaining to the interpretation of a Constitutional provision, reiterated the need for the law to be dynamic and accommodative of change. The law must not fail to respond to the needs of a dynamic society. The learned former CHIEF JUSTICE, GUBBAY CJ, had this to ...
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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

It is trite that in construing the provisions of the Constitution, the primary rules of statutory interpretation apply. This was highlighted by this Court in Chihava and Others v Provincial Magistrate and Another 2015 (2) ZLR 31 (CC) where it stated...,: “In this respect, it is pertinent to note that a Constitution is itself a statute of Parliament. ...
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CC10-19 : THE STATE vs WILLARD CHOKURAMBA (JUSTICE FOR CHILDREN'S TRUST INTERVENING AS AMICUS CURIAE and ZIMBABWE LAWYERS FOR HUMAN RIGHTS INTERVENING AS AMICUS CURIAE)
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, HLATSHWAYO JCC, MAVANGIRA JCC, BHUNU JCC, UCHENA JCC and MAKONI AJCC

The principle of constitutional morality requires that courts should approach constitutional issues from the point of view that accepts that the content of the rights protected by the Constitution change with the changes in social norms. Acts that may have been regarded as falling within the scope of the protection of a fundamental right or freedom ...
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HHH111-15 : THE STATE vs KENNEDY PALIZA
Ruled By: MUSAKWA J and ASSESSORS: KUNAKA and MHANDU

A constitutional provision must be accorded a generous and purposive interpretation. As was stated in Smythe v Ushewokunze and Another (1998 93) SA 1125 (ZS)…, - “In arriving at the proper meaning and content of the right guaranteed by s18(2), it must not be overlooked that it is a right designed to secure a protection, and that the ...
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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

On 15 September 2008, an agreement that came to be known as the Global Political Agreement or simply GPA was signed by, and between, the principals of the three dominant political parties in Zimbabwe. By the Constitution of Zimbabwe Amendment (No.19) Act, Act No.II of 2009, Schedule 8 was inserted as part of the transitional ...
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CC08-19 : WILLIAS MADZIMURE and SEKAI HOLLAND and OTHERS vs PRESIDENT OF THE SENATE and SPEAKER OF THE NATIONAL ASSEMBLY and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

The interpretation given to section 129(1)(k) of the Constitution must be consistent with the spirit, purport and objects of the Constitution.
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CC09-19 : SIMON SHONHAYI DENHERE vs MUTSA DENHERE (nee MARANGE) and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ and GWAUNZA DJC and BERE JCC

In Mudzuru Anor v Minister of Justice Ors 2016 (2) ZLR 45 (CC)..., the Constitutional Court remarked: “The purpose of interpreting a provision contained in Chapter 4 must be to promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and, in particular, the values and principles set ...
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HH281-16 : JOHANNES TOMANA vs JUDICIAL SERVICE COMMISSION and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MAKONI J

Section 332 of the Constitution, which is under the definition section, provides; “Constitutional matter means a matter in which there is an issue involving the interpretation, protection or enforcement of this Constitution.” In my view, the section is clear and unambiguous and should be given its literal and grammatical meaning. There is no need to employ any tools of ...
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

The general principle is that when one interprets a constitutional provision, any law that is subsidiary to the Constitution must be read together with the constitutional provision in question. The subsidiary law must be given effect as long as it is constitutionally valid.
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HH05-18 : MOVEMENT FOR DEMOCRATIC CHANGE (T) and MOVEMENT FOR DEMOCRATIC CHANGE (N) and SARAH KACHINGWE vs ZIMBABWE ELECTORAL COMMISSION and REGISTRAR GENERAL N.O. and OTHERS
Ruled By: MUNANGATI-MANONGWA J

In passing, I need state that an Act of Parliament cannot come in the way of the full enjoyment of a right bestowed by the Constitution.
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HH180-16 : DR JABULANI KUCHENA vs THE SCIENTIFIC AND INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE
Ruled By: CHIGUMBA J

Section 171(1)(a) of the current Constitution provides that;- “171 Jurisdiction of High Court (1) The High Court - (a) Has original jurisdiction over all civil and criminal matters throughout Zimbabwe; (b) Has jurisdiction to supervise magistrates courts and other subordinate courts and to review their decisions; (c)…,. (d)…,.” Section 171(2) of the Constitution stipulates that;- “(2) An Act of Parliament may provide for the exercise of jurisdiction ...
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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

The first respondent also sought to rely on section 26 of the Constitution which provides as follows:“26 MarriageThe State must take appropriate measures to ensure that —(a)-(b)…,.;(c) There is equality of rights and obligations of spouses during marriage and at its dissolution; and(d) In the event of dissolution of a ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

The next question concerns the justiciability and enforceability of..., sections 19, 28, 74 and 81 of the Constitution.Sections 19 and 28, which set out national objectives vis-à-vis children and shelter respectively, are located in Chapter 2 of the Constitution. Section 19(2)(b) enjoins the State to “adopt reasonable policies and measures, ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

It is axiomatic that the Constitution must be interpreted in a holistic and seamless fashion. Each provision is to be interpreted, without doing violence to the actual language used, in a manner that is consistent and accords with every other relevant provision, so as to achieve the underlying purpose of ...
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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

Implied repeal is not permitted when it comes to the Constitution, because the Constitution is a sacrosanct document which should not be tinkered with at will. The doctrine of implied repeal is ousted by section 328(2) of the Constitution, which provides:“(2) An Act of Parliament that amends this Constitution must ...
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

Section 46(1)(c) of the Constitution provides that in interpreting a provision of Chapter 4 which relates to the Declaration of Rights a court “must take into account international law and all treaties and conventions to which Zimbabwe is a party.”
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This is an application made in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim.The application raises questions of the constitutionality of the policy and the actions of the education authorities of compelling school ...
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HH446-18 : EMMACULATA MHORA vs GOVATI MHORA
Ruled By: CHIRAWU-MUGOMBA J

Under the Declaration of Rights in Chapter Four;-“46 Interpretation of Chapter 4(1) When interpreting this Chapter, a court, tribunal, forum or body -(a) Must give full effect to the rights and freedoms enshrined in this Chapter;(b) Must promote the values and principles that underlie a democratic society based on openness, ...
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CC04-18 : GABRIEL SHUMBA and SIBONILE MFUMISI and DARLINGTON NYAMBIYA vs MINISTER OF JUSTICE and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

Counsel for the first, fourth, fifth and sixth respondents argues that there is a presumption of coherence of the Constitution and the provisions of the Constitution should not be read in isolation....,.The basic principles of statutory interpretation require that all relevant provisions in a statute, that deal with the subject ...
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CC20-17 : MORGAN TSVANGIRAI vs ROBERT MUGABE and ZIMBABWE ELECTORAL COMMISSION and RITA MAKARAU, N.O. and CHIEF ELECTIONS OFFICER
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, CHIWESHE AJA and MAVANGIRA AJA

Seven days after the declaration, on 3 August 2013, of the results of the Presidential election (hereinafter referred to as “the election”) held on 31 July 2013, showing Robert Gabriel Mugabe (hereinafter referred to as “the first respondent”) as the winner of the election, Morgan Tsvangirai (hereinafter referred to as ...
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Appealed
SC01-21 : BERNARD MARANGE vs ZVIDZAI MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION AND PRESERVATION OF NATIONAL CULTURE AND HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and BERE JA

This is an appeal against the whole judgment of the High Court setting aside the appointment of the appellant to the Marange chieftainship in 2016. It is a matter concerning the procedure to be followed in the appointment of chiefs in Zimbabwe pursuant to the advent of the current Constitution ...
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HH21-21 : LAZARUS MUCHENJE vs SUSAN M. MUTANGADURA and PAUL MUPFIGA and TENDERO DZVETERO and DR BEAULAH CHIRUME and CHIDO BOKA and NETONE CELLULAR PL
Ruled By: MUREMBA J

Section 197 of the Constitution reads;“An Act of Parliament may limit the terms of office of chief executive officers or heads of government controlled entities and other commercial entities and public enterprises owned or wholly controlled by the State.”...,.Counsel for the applicant submitted that the Act of Parliament being referred ...
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SC161-20 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

This is an appeal against the judgment of the High Court upholding the special plea by the respondents that the High Court did not have jurisdiction to determine issues of employment and labour law.At the centre of the dispute between the parties, both in the court a quo and before ...
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HH74-16 : TRIANGLE LTD and HIPPO VALLEY ESTATES LTD and MKWASINE ESTATE and THE ZIMBABAWE SUGAR ASSOCIATION EXPERIMENT STATION (PVT) LTD vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS' UNION and OTHERS
Ruled By: MAKONI J

The applicants approached this court seeking a provisional order in the following terms:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:1. The 1st respondent, its members, and all other persons acting through it and on ...
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SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

After hearing argument from the parties, the High Court of Zimbabwe made an order dismissing the application filed by the appellants in terms of section 85(1) of the Constitution of Zimbabwe. The court also ordered the appellants to pay the costs of the application.This followed a finding by the court ...
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HMA13-19 : CONCILIA CHINANZVAVANA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: MAFUSIRE J

Section 251(1) of the Constitution of Zimbabwe says:“For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –”The rest is not immediately relevant.The applicant is a Member of Parliament for the House of Assembly ...
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CC03-21 : PRAYMORE MAKANDA vs MAGISTRATE SANDE N.O. and MAGISTRATE KADYE N.O. and MAGISTRATE NDIRAYA N.O. and THE STATE
Ruled By: GOWORA AJCC, HLATSHWAYO AJCC and PATEL AJCC

This is an application for direct access to the Constitutional Court made in terms of section 167(5)(a) of the Constitution of Zimbabwe. The allegation is that the conduct of the respondents violated the applicant's fundamental rights as enshrined in sections 69(1) and 70(1)(d),(e) and (f) of the Constitution.The BackgroundThe brief ...
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CC06-15 : ANNA CHIHAVA and BOAS MAPUVA and ZISHE CHIZANI vs THE PROVINCIAL MAGISTRATE FRANCIS MAPFUMO N.O. and THE PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and CHIWESHE AJCC

This is an application in terms of section 85(1)(a) of the Constitution of Zimbabwe.The appellants allege that their constitutional rights, as enshrined in sections 70(1(b), 70(1)(d) and 70(1)(c), have been violated through the manner in which criminal proceedings against them were conducted in the Magistrates Court sitting at Chivhu.They seek ...
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Appealed
CC07-21 : MARX MUPUNGU vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GWAUNZA ACJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHAWAYO JCC, PATEL JCC and GUVAVA AJCC

MAKARAU JCC:This is an application in terms of section 175(3) of the Constitution of Zimbabwe, for the setting aside in its entirety, of a High Court declaratory order handed down on 15 May 2021. The order, issued in respect of two distinct and separately filed applications, invalidated certain conduct by ...
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CC11-21 : LIZIWE MUSEREDZA and 385 OTHERS vs MINISTER OF AGRICULTURE, LANDS, WATER AND RURAL RESETTLEMENT and MAPARAHWE PROPERTIES (PVT) LTD and OTHERS
Ruled By: GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and UCHENA AJCC

After hearing argument on the preliminary point whether the applicants required leave of the court to bring their application, the court ruled that leave was necessary.Having been filed without leave, the matter brought by the applicants was struck off the roll with no order as to costs with the court ...
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CC01-22 : LIZIWE MUSEREDZA and 303 OTHERS (LISTED) vs MINISTER OF AGRICULTURE, LANDS, WATER AND RURAL RESETTLEMENT and MAPARAHWE PROPERTIES (PRIVATE) LIMITED and OTHERS
Ruled By: GOWORA JCC, HLATSHAWYO JCC and PATEL JCC

Section 24 of the Constitutional Court Act 5/2021 (“the Act”)..., provides as follows:“24 Correction, variation, and rescission of judgments or orders(1) The Court may, in addition to any other power it may have, on its own initiative or upon the application of any party affected, correct, rescind or vary any ...
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CC03-22 : DIANA KAWENDA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HEALTH AND CHILD CARE and THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MAKARAU JCC, HLATSHWAYO JCC and PATEL JCC

In interpreting the Constitutional provisions, the ordinary rules of interpretation of statutes apply. The Constitution is but a statute.It is, however, settled, that, in interpreting Constitutional provisions, the preferred construction “is one which serves the interest of the Constitution and best carries out its objects and promotes its purpose:” see ...
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CC03-22 : DIANA KAWENDA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HEALTH AND CHILD CARE and THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MAKARAU JCC, HLATSHWAYO JCC and PATEL JCC

Section 81(1) of the Constitution provides that –“(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right -(a)…,.(b)…,.(c)…,.(d)…,.(e) To be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect, or any form of abuse;(f)…,.(g)…,.(h)…,.(i)…,.”...,.Without specifically defining ...
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CC04-13 : BRIAN JAMES vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF LOCAL GOVERNMENT RURAL & URBAN DEVELOPMENT and MINISTER OF JUSTICE & LEGAL AFFAIRS and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA and CHIWESHE AJA

The limitation of any fundamental right or freedom enshrined in the Constitution must conform with subsection (2) of section 86 of the Constitution which provides that:“The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the ...
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CC14-20 : HILTON CHIRONGA and RASHID MAHIYA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HOME AFFAIRS and MINISTER OF DEFENCE and GOVERNMENT OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act 2013 (“the Constitution”) adopted the rule of ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

IntroductionThis judgment is in respect of two matters, HC2128/21 and HC2166/21. The two matters were heard together because the substance of their complaints is the same.Both matters were brought by way of application. HC2128/21 was instituted as an urgent court application while HC2166/21 was brought as an urgent chamber application.Both ...
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Appealed
SC179-20 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and MAKONI JA

This is an appeal against the judgment of the High Court handed down on 4 May 2018.The appellant had, before that court, sought a declarator that the Presidential Powers (Temporary Measures) (Amendment of Electoral Act) Regulations 2016 published as Statutory Instrument 117/2017 were null and void and of no force ...
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