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Constitutional Court

Samuel Sipepa Nkomo v Minister of Local Government, Rural & Urban Development & 2 Ors

[2016] ZWCCZ 6

Case Details

Court
Constitutional Court
Date
29 June 2016
Citation
[2016] ZWCCZ 6
Judgment No.
CCZ 6/2016
Outcome
unknown
Case Type
Application

Bench

Presiding
ZIYAMBI JCC
Full Bench
CHIDYAUSIKU CJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional lawAdministrative law
Keywords
DevolutionProvincial governanceConstitutional mandamusLocus standiSection 56(1)Equal protection
Tags
DevolutionConstitutional complianceParliamentary legislation
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
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has locus standi to bring this constitutional application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's status as former MP, alleged infringement of s 56(1)"}
  • {"issue_text":"Whether the respondents' failure to enact devolution legislation infringes the applicant's right to equal protection under s 56(1)","issue_type":"constitutional","dispositive":"yes","related_facts":"Failure to enact Chapter 14 legislation, alleged unequal treatment"}
  • {"issue_text":"Whether the court should grant a constitutional mandamus compelling enactment of devolution legislation","issue_type":"constitutional","dispositive":"no","related_facts":"Delay in legislation, applicant's request for 45-day deadline"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a former Member of Parliament, brought a constitutional application alleging that the respondents' failure to enact legislation to operationalize Chapter 14 of the Constitution (devolution provisions) constituted a breach of the Constitution and violated his right to equal protection under s 56(1).
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