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Constitutional Court

Robin Vela v (1) Auditor-General of Zimbabwe (2) BDO Zimbabwe Chartered Accountants

CCZ 10/24

Case Details

Court
Constitutional Court
Date
26 June 2024
Citation
CCZ 10/24
Neutral Citation
[2024] ZWCCZ 10
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Malaba CJ
Author
Garwe JCC
Full Bench
Malaba CJGwaunza DCJGarwe JCCMakarau JCCGowora JCCHlatshwayo JCCPatel JCC
Areas of Law
Constitutional LawAdministrative LawJudicial Review
Keywords
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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