Constitutional Court of Zimbabwe - 2018 October

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2 judgments

Citation	Judgment date
October 2018
Gonese & Anor v President of Zimbabwe & 2 Ors (CCZ 10 of 2018; Constitutional Application 80 of 2016) [2018] ZWCC 10 (31 October 2018) Court affirmed constitutional duties of public participation and PLC scrutiny, upheld gazetting/PLC compliance, and referred contested Harare hearing facts to High Court. Constitutional law – exclusive jurisdiction of Constitutional Court under s 167(2)(d) – parliamentary obligations to facilitate public participation (s 141) and PLC scrutiny of Bills (s 152(3)(a)) – Standing Orders and gazetting – locus standi – referral to High Court for factual inquiry into public hearings.	31 October 2018
Democratic Assembly for Restoration and Empowerment & 3 Ors v Saunyama N.O. & 3 Ors (CCZ 9 of 2018; Civil Appeal CCZ 5 of 2018) [2018] ZWCC 9 (17 October 2018) Section 27 POSA’s one‑month blanket bans on demonstrations unjustifiably infringe the constitutionally protected right to demonstrate and petition peacefully. Constitutional law – Freedom to demonstrate and petition – Section 59 requires peaceful exercise – Limitation of rights – Section 27 POSA permits blanket one‑month bans – Proportionality and necessity test under s86(2) – Blanket/dragnets arbitrary and disproportionate – Declaration of invalidity suspended for six months.	17 October 2018