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Constitutional Court
Innocent Gonese & Jessie Majome v Parliament of Zimbabwe & 4 Ors
[2020] ZWCCZ 4
Case Details
Court
Constitutional Court
Date
31 March 2020
Citation
[2020] ZWCCZ 4
Judgment No.
CCZ 4/20
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCMavangira JCCBhunu JCC
Areas of Law
Constitutional LawParliamentary Law
Keywords
constitutional amendment procedureparliamentary votingsection 328 of Constitutiontwo-thirds majority
Tags
constitutional amendmentparliamentary procedureseparation of powers
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) 2013
- Constitution of Zimbabwe Amendment (No. 20) 2013
- Constitution of Zimbabwe Amendment (No. 20) 2013
- Constitution of Zimbabwe Amendment (No. 20) 2013
- Constitution of Zimbabwe Amendment (No. 20) 2013
- Constitution of Zimbabwe Amendment (No. 20) 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Parliament can sue or be sued in its own name","issue_type":"procedural","dispositive":"no","related_facts":"Parliament is not described as body corporate in Constitution"}
- {"issue_text":"Whether National Assembly complied with section 328(5) constitutional amendment procedure","issue_type":"mixed","dispositive":"no","related_facts":"182 votes recorded, verification process conducted"}
- {"issue_text":"Whether Senate complied with section 328(5) constitutional amendment procedure","issue_type":"mixed","dispositive":"yes","related_facts":"53 votes recorded with 79 members present"}
- {"issue_text":"Whether \"membership of each House\" refers to total constitutional complement or actual living members","issue_type":"constitutional","dispositive":"yes","related_facts":"Senate membership reduced from 80 to 79 due to death"}
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background
Facts of the Case
Background
Two Members of Parliament challenged the validity of Constitutional Amendment Bill (No. 1) 2017, alleging that Parliament failed to comply with constitutional amendment procedures in both the National Assembly and Senate, specifically that the required two-thirds majority was not achieved.
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