Constitutional Court of Zimbabwe - 2019

Sort by:

10 judgments

Citation	Judgment date
July 2019
Makumire v Minister, Public Service, Labour and Social Welfare & Anor (CCZ 1 of 2020; Constitutional Application CCZ 21 of 2019) [2019] ZWCC 1 (3 July 2019) Confirmation of the High Court’s invalidation of s 93(5A) denied because the applicant lacked standing and the declaration would have no practical effect. Constitutional law — confirmation of lower-court declaration of invalidity — locus and practical effect — statutory interpretation of s 93(5A) Labour Act — standing and requirement to show injury by impugned provision.	3 July 2019
April 2019
S v Chokuramba Justice For Children’s Trust Intervening As Amicus Curiae Zimbabwe Lawyers For Human Rights Intervening As Amicus Curiae (CCZ 10 of 2019; Constitutional Application CCZ 29 of 2015) [2019] ZWCC 10 (3 April 2019) Judicial corporal punishment of male juveniles violates the constitutional prohibition on cruel, inhuman or degrading treatment and is struck down. Constitutional law — prohibition of torture, cruel, inhuman or degrading punishment — judicial corporal punishment of male juveniles — human dignity — section 53 — confirmation of invalidity — CRC/ICCPR jurisprudence — juvenile justice principles; alternatives to corporal punishment.	3 April 2019
March 2019
Denhere v Denhere & Anor (CCZ 9 of 2019; Constitutional Application CCZ 55 of 2017) [2019] ZWCC 9 (13 March 2019) A Constitutional Court will not entertain direct review of a Supreme Court non‑constitutional decision based on mere alleged wrongness; interests of justice required. Constitutional law – direct access under s85(1) – scope and limits – interests of justice and r21(3)/(8) – finality of Supreme Court decisions on non‑constitutional matters – stare decisis – equality/equal protection (s56) – wrongness of decision does not equal constitutional breach.	13 March 2019
Nyagura v Lanzani Ncube N.O. & Ors (CCZ 7 of 2019; Constitutional Application CCZ 53 of 2018) [2019] ZWCC 7 (6 March 2019) Direct access refused: merits determination by subordinate court precludes s175(4) referral complaint; appeal is the appropriate remedy. Constitutional procedure – s 175(4) referral of constitutional questions – distinction between refusal to refer and merits determination; Direct access – s 85(1) – subsidiarity and appeal as proper remedy; Prosecutorial authority – CP&E Act s 5(2) permits Prosecutor-General to appoint any legal practitioner; Equal protection – s 56(1) – not engaged where subordinate court decided merits.	6 March 2019
February 2019
Bonnyview Estate (Pvt) Ltd v Zimbabwe Platinum Mine (Pvt) Ltd & Anor (CCZ 6 of 2019; Constitutional Application CCZ 54 of 2018) [2019] ZWCC 6 (27 February 2019)	27 February 2019
Mudyavanhu v Saruchera & Ors (CCZ 3 of 2019; Constitutional Application CCZ 22 of 2018) [2019] ZWCC 3 (27 February 2019) Application dismissed for lack of constitutional issue and failure to comply with rules requiring identification of a constitutional matter. Constitutional jurisdiction – right of appeal to Constitutional Court – appeal lies only where a constitutional matter was raised and decided below – Rules 32(2) and 32(3)(c) – procedural compliance required for leave to appeal – non-constitutional Supreme Court decision not appealable to Constitutional Court.	27 February 2019
Muza v Saruchera N.O. & Ors (CCZ 5 of 2019; Constitutional Application CCZ 32 of 2018) [2019] ZWCC 5 (27 February 2019) Leave to appeal denied where no subordinate court decision on a constitutional matter existed due to the applicant's withdrawal. Constitutional jurisdiction; leave to appeal r 32(2)-(3); requirement of subordinate court decision on constitutional matter; withdrawal of proceedings not a court decision; no appeal against withdrawal.	27 February 2019
Nkomo & Anor v T.M. Supermarkets (Pvt) Ltd (CCZ 4 of 2019; Constitutional Application CCZ 30 of 2018) [2019] ZWCC 4 (27 February 2019) Leave to appeal dismissed: no constitutional issue was decided by the Supreme Court, so no appeal to the Constitutional Court lies. Constitutional jurisdiction – right of appeal to Constitutional Court – appeal lies only where Supreme Court determined a constitutional issue – subordinate court labour disputes as non-constitutional matters – r 32(3)(c) requirement to identify constitutional matter – s 169(1) and s 167(5) implications.	27 February 2019
Zimbabwe Law Officers Association & Anor v NPA & Ors (CCZ 1 of 2019; Constitutional Application CCZ 32 of 2014) [2019] ZWCC 1 (19 February 2019) Employment of serving security-service members as prosecutors breaches s208(4); NPA must disengage them within twenty-four months. Constitutional law – separation of security services and civilian institutions – s208(4) – definition of "civilian" – National Prosecuting Authority a civilian institution – employment of serving security officers as prosecutors unconstitutional absent public emergency – suspension of invalidity to avoid disruption.	19 February 2019
Muhala & 50 Ors v Mukorera (CCZ 118 of 2013; CCZ 2 of 2019) [2019] ZWCC 2 (18 February 2019) Referral under s175(4) must arise from established facts; improper referral without opposing affidavit was struck off the roll. Constitutional law – s 175(4) referral – referral must arise from facts before referring court – magistrate must consider merits and make factual findings – Magistrates' Court Rules require opposing affidavit when denying facts in application – occupation of gazetted land requires lawful authority (offer letter/permit/land settlement lease) – eviction proceedings – referral frivolous/vexatious – matter struck off roll.	18 February 2019