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Harare High Court

Given Mushore v Speaker of National Assembly and Others

HH 218-23

Case Details

Court
Harare High Court
Date
28 March 2023
Citation
HH 218-23
Neutral Citation
[2023] ZWHH 218
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Constitutional LawAdministrative LawParliamentary Law
Keywords
Section 141 ConstitutionPublic participationPrisons and Correctional Services BillConstitutional mandamusSeparation of powers
Tags
Parliamentary processPublic consultationPrisoners' rightsConstitutional mandamus
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No.20) Act, 2013
  • Constitution of Zimbabwe Amendment (No.20) Act, 2013
  • Constitution of Zimbabwe Amendment (No.20) Act, 2013
  • Constitution of Zimbabwe Amendment (No.20) Act, 2013
  • Constitution of Zimbabwe Amendment (No.20) Act, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court has jurisdiction to determine whether Parliament failed to fulfill its constitutional obligation under section 141(b) of the Constitution to consult interested parties on a Bill","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Parliament excluded prisoners from consultation on Prisons and Correctional Services Bill"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a prisoner at Chikurubi Maximum Prison, sought a constitutional mandamus to compel Parliament to consult prisoners on the Prisons and Correctional Services Bill. He argued that Parliament failed to include prisoners in its public consultation process despite the Bill directly affecting them, contrary to section 141(b) of the Constitution.
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