Constitutional Court of Zimbabwe - 2025 May

3 judgments
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3 judgments
Citation
Judgment date
May 2025
Direct access denied; applicant’s challenge to Supreme Court judgment raised factual, not constitutional, issues and lacked prospects of success.
Constitutional procedure — Direct access under s 167(5) and r 21(2) — Challenge to a Supreme Court judgment under s 85(1) — Finality of Supreme Court decisions — Requirement to plead a constitutional violation with precision — Fair trial (s 69(1)) and equal protection (s 56(1)) — Liability of co-perpetrators: s 196 and s 196A — Pleading and relief: distinction between s 85 and s 175 remedies.
27 May 2025
Court set aside Supreme Court judgment and remitted the matter due to unresolved Rule 29 rescission and jurisdictional uncertainty.
Constitutional jurisdiction; rescission of judgment mero motu (Rule 29) – requirement of formal conclusion and communication; validity and finality of appellate judgments; remittal under s19 of the Constitutional Court Act.
15 May 2025
Direct access refused where applicant’s complaints were factual or unraised, and no constitutional rights were breached.
Constitutional Court — direct access (s 167(5), Rule 21) — interests of justice; appellate deference to trial factual findings; presumption of innocence; assessment of forensic/ballistic evidence not ordinarily a constitutional issue; Practice Direction 3 of 2013 — defective grounds of appeal; sentencing — s 70(1)(n) benefit of lesser penalty where law changes.
6 May 2025