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Enactment of Legislation re: Approach, Bills, Presentation, Passing, Amendment, Assent and Repeal

HH36-08 : MASIMBA KUCHERA and MICHAEL MUZA and TAFADZWA RUGOHO vs MINSTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA J

In the case of The Registrar General of Elections v Combined Harare Residents Association Anor SC07-02 CHIDYAUSIKU CJ held that a court could not suspend the operation of any legislation. He states…, as follows:“With respect, this is where the learned judge fell into error. The court cannot suspend ...
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

Section 15(1) of the Constitution provides that:“(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.”In this case, the only relevant concepts are “torture”; “inhuman treatment” and “degrading treatment”. They make up the three key elements of the protection of a person's ...
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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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SC05-13 : IGNATIOUS CHOMBO vs PARLIAMENT OF ZIMBABWE and SPEAKER OF PARLIAMENT and PRESIDENT OF THE SENATE and CLERK OF PARLIAMENT and TANGWARA MATIMBA and HON. SIMON HOVE
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and GARWE JA and GOWORA JA and OMERJEE AJA

WHETHER A PRIVATE MEMBER CAN LAWFULLY INTRODUCE A BILL IN PARLIAMENT The real issue before this Court is whether or not a private member can lawfully move a private Bill in Parliament. To answer this question one must, of necessity, construe the intention of Parliament from the words used in both Schedule 4 and Schedule 8 ...
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CC10-18 : INNOCENT GONESE and JESSIE MAJOME vs PRESIDENT OF ZIMBABWE and PARLIAMENT OF ZIMBABWE and MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS AND NATIONAL HOUSING N.O.
Ruled By: GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, UCHENA JCC and BHUNU JCC

This is an application in terms of section 167(2)(d) of the Constitution of Zimbabwe for the Court to determine whether Parliament or the President has failed to fulfil a constitutional obligation. The applicants aver that the respondents have failed to do so in respect of the presentation and passage of the Local Government Amendment Act No.8 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

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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