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Harare High Court
Allan Norman Markham v Minister of Justice, Legal and Parliamentary Affairs and Attorney General of Zimbabwe
HH 710-22
Case Details
Court
Harare High Court
Date
12 October 2022
Citation
HH 710-22
Neutral Citation
[2022] ZWHH 710
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Constitutional lawAdministrative lawPublic duties
Keywords
Section 198 ConstitutionSection 324 ConstitutionConstitutional breachLegislative enactmentPublic officersGood governanceCorruption
Tags
Constitutional obligationLegislative delayPublic administrationGood governance
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents' failure to enact legislation required by section 198(a) within seven years constitutes a breach of constitutional obligation under section 324","issue_type":"constitutional","dispositive":"yes","related_facts":"Seven-year delay; section 198 obligation; section 324 requirement"}
- {"issue_text":"Whether the respondents can be compelled by court order to initiate the legislative process","issue_type":"constitutional","dispositive":"yes","related_facts":"Executive authority; legislative initiation role; collective responsibility argument"}
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background
Facts of the Case
Background
The applicant brought a court application seeking an order declaring that the first respondent's failure to enact legislation required by section 198(a) of the Constitution within seven years constituted a breach of constitutional obligation. The respondents opposed the application arguing that legislative enactment is a collective responsibility involving multiple state organs.
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