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Masvingo High Court
Concilia Chinanzvavana v Minister of Justice, Legal & Parliamentary Affairs & 4 Ors
HMA 13/19
Case Details
Court
Masvingo High Court
Date
13 March 2019
Citation
HMA 13/19
Neutral Citation
[2019] ZWHMA 13
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Constitutional LawStatutory Interpretation
Keywords
National Peace and Reconciliation Commissionconstitutional interpretationsection 251(1) Constitutioneffective dateten year tenure
Tags
constitutional interpretationNational Peace and Reconciliation Commissiontenure of constitutional commissions
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- National Peace and Reconciliation Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the ten-year tenure in section 251(1) of the Constitution runs from the constitutional effective date or from when the NPRC became operational","issue_type":"constitutional","dispositive":"yes","related_facts":"Section 251(1) wording, effective date August 2013, NPRC operational January 2018"}
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background
Facts of the Case
Background
The applicant, an MDC-A Member of Parliament, sought a declaratory order that the National Peace and Reconciliation Commission's ten-year tenure runs from 5 January 2018 when the enabling Act was gazetted, not from the constitutional effective date of 22 August 2013.
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