Joyce Teurai Ropa Mujuru v The President of Zimbabwe & 5 Ors

[2018] ZWCCZ 8

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Case Details

Court

Constitutional Court

Date

15 February 2018

Citation

[2018] ZWCCZ 8

Judgment No.

CCZ 8/18

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

GARWE JCC

Full Bench

CHIDYAUSIKU CJMALABA DCJGWAUNZA JCCGARWE JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA JCCUCHENA JCC

Areas of Law

Constitutional LawAdministrative Law

Keywords

Presidential Powers (Temporary Measures) ActSection 167(2) ConstitutionSection 85(1) ConstitutionBond Notes RegulationsConstitutional Challenge

Key Issues

{"issue_text":"Whether the applicant properly approached the court under s 167(2)(d) of the Constitution instead of s 85(1)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought declarations of constitutional obligation failures rather than alleging rights violations"}
{"issue_text":"Whether the President and Parliament failed to fulfil constitutional obligations regarding the Presidential Powers Act","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant alleged President should not have used Act and Parliament should have repealed it"}

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background

Facts of the Case

Background

The applicant challenged the constitutionality of Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Bond Notes) Regulations, 2016 (SI 133/2016) issued by the President under the Presidential Powers (Temporary Measures) Act. She approached the court under s 167(2)(d) of the Constitution alleging that the President and Parliament failed to fulfil constitutional obligations, rather than under s 85(1) alleging violation of her fundamental rights.

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