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Constitutional Court
Hilton Chironga & Rashid Mahiya v Minister of Justice, Legal & Parliamentary Affairs & Minister of Home Affairs & Minister of Defence & The Government of the Republic of Zimbabwe
CCZ 14/20
Case Details
Court
Constitutional Court
Date
23 September 2020
Citation
CCZ 14/20
Neutral Citation
[2020] ZWCCZ 14
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba DCJ
Author
Hlathswayo JCC
Full Bench
Malaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlathswayo JCCPatel JCCBhunu JCCUchena JCC
Areas of Law
Constitutional LawAdministrative Law
Keywords
Section 210 ConstitutionIndependent complaints mechanismMandamusLocus standiUnreasonable delay
Tags
Constitutional enforcementDelay in legislationIndependent oversightSecurity services accountability
legislation
Statutes Cited
- Constitution of Zimbabwe [Chapter 20:20]
- Constitution of Zimbabwe [Chapter 20:20]
- Constitution of Zimbabwe [Chapter 20:20]
- Constitution of Zimbabwe [Chapter 20:20]
- Constitution of Zimbabwe [Chapter 20:20]
- Constitution of Zimbabwe [Chapter 20:20]
- Constitution of Zimbabwe [Chapter 20:20]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have locus standi to bring the application.","issue_type":"procedural","dispositive":"no","related_facts":"The founding affidavit was sworn only by the first applicant; the second applicant merely affirmed it."}
- {"issue_text":"Whether the delay in enacting the law under s 210 of the Constitution constitutes an unreasonable delay in fulfilling constitutional obligations.","issue_type":"constitutional","dispositive":"yes","related_facts":"Over seven years passed without legislation being enacted."}
- {"issue_text":"Whether the requirements for a mandamus have been satisfied to compel the gazetting of the Bill within 45 days.","issue_type":"legal","dispositive":"yes","related_facts":"The respondents control the pre-Parliamentary stages of legislation."}
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background
Facts of the Case
Background
The applicants sought to compel the state to enact legislation under s 210 of the Constitution providing for an independent mechanism to investigate misconduct by security services. Over seven years had passed since the Constitution came into force without such legislation being enacted. The respondents acknowledged the obligation but cited procedural delays, while the applicants argued the delay was unconstitutional.
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