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Rules of Construction or Interpretation re: International Law

HH314-14 : TERERAI MUGWADI vs MTANDAZO DUBE and ZIMBABWE NEWSPAPERS (1980) LIMITED and EDDIE DHLIWAYO
Ruled By: CHIGUMBA J

Section 326 and 327 of the Zimbabwean Constitution provides that:“When interpreting legislation, every court must adopt any reasonable interpretation…, that is consistent with any international convention, treaty, or agreement which is binding on Zimbabwe…, customary international law applicable in Zimbabwe.”
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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

Counsel for the first respondent argued that..., a court must be alive to the provisions of section 326 of the Constitution.The section provides that customary international law is part of the law of Zimbabwe unless it is inconsistent with the Constitution or an act of Parliament and that every court ...
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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

Both the United Nations Convention on the Rights of the Child (1989) and the African Charter on the Rights and Welfare of the Child (1990) have been ratified by Zimbabwe, the former on 11 September 1990 and the latter on 19 January 1995. Consequently, by dint of section 46(1)(c) of ...
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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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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

Section 46 of the Constitution provides:-“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, justice, human ...
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SC129-21 : SONY PICTURES TELEVISION UK RIGHTS LTD vs C MEDIA AFRICA (PVT) LTD and ZIMBABWE BROADCASTING CORPORATION (PVT) LTD
Ruled By: MAVANGIRA JA, MAKONI JA and KUDYA AJA

I also entirely agree with the submission made by counsel for the first respondent, that “(W)hile it is appreciated that section 327(6) (of the Constitution) allows the court, when interpreting legislation to adopt any reasonable interpretation that is consistent with any international convention which is binding on Zimbabwe…, there is ...
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