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Supreme Court

Mfundo Mlilo v The President of the Republic of Zimbabwe

[2020] ZWSC 179

Case Details

Court
Supreme Court
Date
7 December 2020
Citation
[2020] ZWSC 179
Judgment No.
SC 179/20
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GARWE JA
Full Bench
GARWE JAMAKARAU JAMAKONI JA
Areas of Law
Constitutional lawAdministrative law
Keywords
Presidential Powers (Temporary Measures) ActConstitutional validityElectoral Act amendmentsSeparation of powersDelegation of legislative power
Tags
Presidential powersConstitutional validitySeparation of powersLegislative delegation
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Presidential Powers (Temporary Measures) Act
  • Presidential Powers (Temporary Measures) Act
  • High Court Act
  • Supreme Court Act
  • Supreme Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the Supreme Court have jurisdiction to hear an appeal against an order of constitutional validity made by the High Court?","issue_type":"procedural","dispositive":"yes","related_facts":"High Court upheld constitutional validity; appellant appealed to Supreme Court"}
  • {"issue_text":"Is the Presidential Powers (Temporary Measures) Act consistent with the Constitution?","issue_type":"constitutional","dispositive":"no","related_facts":"President made regulations under the Act amending Electoral Act"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The appellant challenged the constitutional validity of the Presidential Powers (Temporary Measures) Act and regulations made thereunder amending the Electoral Act, arguing they constituted an unlawful delegation of legislative power. The High Court upheld the Act's validity, and the appellant appealed to the Supreme Court.
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