Zimbabwe Human Rights Association v Parliament of Zimbabwe & Ors

CCZ 06/22

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Case Details

Court

Constitutional Court

Date

13 July 2022

Citation

CCZ 06/22

Neutral Citation

[2022] ZWCCZ 06

Outcome

unknown

Case Type

Application

Bench

Presiding

PATEL JCC

Full Bench

GWAUNZA DCJGARWE JCCMAKARAU JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCUCHENA AJCC

Areas of Law

Constitutional LawAdministrative Law

Keywords

Constitution of Zimbabwe Amendment (No. 2) ActSection 328Public HearingsFailure to Fulfil Constitutional Obligation

Key Issues

{"issue_text":"Whether the applicant has properly pleaded its locus standi and cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant pleaded locus standi under s 85(1) but cause of action under s 167(2)(d)"}
{"issue_text":"Whether the third and fourth respondents were properly joined","issue_type":"procedural","dispositive":"no","related_facts":"Third and fourth respondents cited in s 167(2)(d) application"}
{"issue_text":"Whether the deponent to the founding affidavit had authority","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's National Director deposed to affidavit"}

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background

Facts of the Case

Background

The applicant, Zimbabwe Human Rights Association, challenged the validity of the Constitution of Zimbabwe Amendment (No. 2) Act of 2021, alleging that Parliament failed to follow constitutional procedures in its enactment, particularly regarding public participation. The respondents opposed, arguing compliance with constitutional requirements. The court struck the application off the roll due to fatal procedural defects.

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