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Constitutional Court

Moven Kufa and Voice for Democracy Trust v The President of the Republic of Zimbabwe and 9 Others

[2017] ZWCCZ 22

Case Details

Court
Constitutional Court
Date
22 November 2017
Citation
[2017] ZWCCZ 22
Judgment No.
CCZ 22/17
Outcome
unknown
Case Type
Appeal

Bench

Presiding
CHIDYAUSIKU CJ
Author
GARWE JA
Full Bench
CHIDYAUSIKU CJZIYAMBI JAGARWE JAGOWORA JAOMERJEE AJA
Areas of Law
Constitutional LawAdministrative LawPublic Law
Keywords
Ministerial appointmentsGlobal Political AgreementArticle 20.1.6Section 18(9) ConstitutionLocus standiActio popularis
Tags
Constitutional interpretationExecutive appointmentsGovernment of National UnityLocus standi
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 19) Act 2009
  • Constitution of Zimbabwe Amendment (No. 19) Act 2009
  • Constitution of Zimbabwe Amendment (No. 19) Act 2009
  • Constitution of Zimbabwe Amendment (No. 19) Act 2009
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a point of law abandoned in lower court can be revisited on appeal","issue_type":"procedural","dispositive":"no","related_facts":"Attorney General abandoned locus standi objections in court a quo"}
  • {"issue_text":"Whether application was properly brought under section 18(9) of former Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants stated they approached court under section 18(9)"}
  • {"issue_text":"Whether appellants had locus standi to bring application","issue_type":"procedural","dispositive":"no","related_facts":"First appellant taxpayer and citizen, second appellant a trust"}
  • {"issue_text":"Correct interpretation of Article 20.1.6 regarding ministerial appointments","issue_type":"constitutional","dispositive":"no","related_facts":"President appointed 41 instead of 31 ministers"}
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background
Facts of the Case

Background

Appellants challenged the appointment of 8 additional ministers beyond the 31 provided for in Article 20.1.6 of the Global Political Agreement, arguing these appointments were unconstitutional. The President had appointed 41 ministers instead of the stipulated 31.
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