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Constitutional Court
Liberal Democrats & Ors v President of the Republic of Zimbabwe N.O. & Ors
[2018] ZWCCZ 7
Case Details
Court
Constitutional Court
Date
16 July 2018
Citation
[2018] ZWCCZ 7
Judgment No.
CCZ 7/18
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJ
Areas of Law
Constitutional LawAdministrative Law
Keywords
Operation Restore Legacypresidential resignationmilitary actionimpeachmenttransitional authority
Tags
direct access applicationpresidential resignationmilitary interventionconstitutional validity
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 the application for direct access should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Non-compliance with Rule 21(3), lack of prospects of success"}
- {"issue_text":"Whether the former President's resignation was constitutionally valid","issue_type":"constitutional","dispositive":"no","related_facts":"Written resignation letter, timing during impeachment"}
- {"issue_text":"Whether the military action rendered the resignation unconstitutional","issue_type":"constitutional","dispositive":"no","related_facts":"Operation Restore Legacy, High Court prior ruling"}
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background
Facts of the Case
Background
Applicants sought direct access to challenge the constitutional validity of President Mugabe's resignation and subsequent assumption of office by President Mnangagwa, alleging the resignation was coerced by military action. The application was withdrawn but court proceeded to hear and dismiss it.
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