section 309 of ConstitutionAuditor-General powersadministrative authorityconstitutional matterjudicial review
Tags
constitutional interpretationadministrative justicejudicial reviewdelegation of powers
legislation
Statutes Cited
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Administrative Justice Act
Administrative Justice Act
Administrative Justice Act
High Court Act
High Court Act
Constitutional Court Act
Audit Office Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether a constitutional matter properly arose before the Supreme Court","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Supreme Court interpreted s 309 of Constitution when matter was based on Administrative Justice Act"}
{"issue_text":"Whether Constitutional Court has jurisdiction to hear appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Constitutional matter must exist for Constitutional Court jurisdiction"}
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background
Facts of the Case
Background
The appellant, former NSSA Board Chairman, challenged a forensic audit report by BDO Zimbabwe commissioned by the Auditor-General. The High Court found the audit reviewable under Administrative Justice Act, but Supreme Court reversed this, interpreting s 309 of Constitution. Constitutional Court granted leave to appeal on whether constitutional matter arose.
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