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Citation
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Judgment date
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| March 2021 |
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Speaker's disciplinary action was not conduct attributable to Parliament under section 167(2)(d), so special jurisdiction was not triggered.
Constitutional jurisdiction s167(2)(d) — attribution of Speaker's acts to Parliament — Standing Orders confer independent disciplinary powers — requirement to identify specific constitutional obligation and impugned conduct.
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29 March 2021 |
| February 2021 |
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Whether Parliament may obtain an extension to comply with a re-vote order amid COVID-19 and s147 lapse concerns.
Constitutional procedure — Constitutional Court jurisdiction and finality of its orders — Locus standi of parliamentary authorities to seek ancillary relief — Section 147 (lapsing of business on dissolution) — COVID-19 lockdown as ground for extension of time to comply — Section 328 voting requirements for constitutional amendment.
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25 February 2021 |
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Failure to file the mandatory r67 written statement and to serve the judge and Prosecutor‑General rendered the bail appeal fatally defective.
Criminal procedure — s 121(1)(b) — appeals against refusal to vary bail conditions — r 67 Supreme Court Rules — written statement mandatory; notice of appeal insufficient; service on Prosecutor‑General and judge required; non‑compliance fatal; r 4 discretion declined.
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3 February 2021 |
| December 2020 |
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Compulsory school pledge requiring flag salute and “Almighty God” violated pupils’ and a parent’s constitutional religious rights.
Freedom of religion – compulsory school pledge – mandatory flag salute and religious wording – s 60(1) – conscientious belief test; Parental rights – s 60(3) – right to determine moral and religious upbringing; Limitations – s 86(2) – must be in terms of a law of general application; Preamble – ceremonial only, cannot justify rights limitation; State neutrality and protection of religious pluralism; Children’s vulnerability and evolving capacities.
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28 December 2020 |
| November 2020 |
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Constitutional Court declined jurisdiction over employer’s failure to remit union dues, directing labour remedies under the Labour Act.
Labour law – union dues – Collection and remittance under Labour Act ss 52 and 54 – Constitutional jurisdiction – avoidance and subsidiarity – standing of trade union under s 85(1) and s 45(2) of the Constitution.
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18 November 2020 |
| September 2020 |
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23 September 2020 |
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23 September 2020 |
| July 2020 |
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Direct access denied: disagreement over factual findings and obiter remarks do not raise a constitutional fair-trial issue.
Constitutional Court—direct access exceptional—requirements under r 21(3) and s 85(1)(a); evaluation of evidence by subordinate courts not normally a constitutional issue; s 170(2) reverse onus—obiter reference; abandoned grounds of appeal cannot be revived; disguised appeal dismissed.
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2 July 2020 |
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No constitutional issue arose; leave to appeal refused because the Supreme Court’s non-constitutional findings are final.
Constitutional jurisdiction – leave to appeal – r 32(2) and s 167(5)(b) – limits of Constitutional Court’s jurisdiction; Evidence – admissibility of call records – consent negates constitutional challenge; Fair trial and presumption of innocence – factual/evidential disputes not automatically constitutional; Finality – Supreme Court decisions on non-constitutional matters are final and not appealable to Constitutional Court.
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2 July 2020 |
| March 2020 |
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Court held Senate vote invalid for falling one vote short of two-thirds of constitutional membership; National Assembly vote upheld.
Constitutional law — Amendment of Constitution — s 328(5) two‑thirds threshold — "membership of each House" means total constitutional membership — calculation under s 344(3); Administrative law — Justiciability — Parliament amenable to suit in its name; Parliamentary procedure — Hansard, Journal and audio recordings as evidentiary record; Remedy — declaration of invalidity suspended and direction to re-vote.
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31 March 2020 |
| January 2020 |
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Direct access refused where applicant failed to show interests of justice; inquest and trial complaints were non-constitutional or remediable on appeal.
Constitutional procedure – direct access – requirements of r 21(3) – interests of justice – s 85(1) allegation suffices to institute matter; Criminal procedure – inquests – fairness of trial – fair-trial rights accrue on charge; Administrative law – s 68 and Administrative Justice Act – statutory remedy must be pursued; Finality of appeals – Supreme Court decisions on non-constitutional matters are final.
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8 January 2020 |
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Direct access refused where constitutional challenge to s 8(6) was premature and not necessary for resolution of pending criminal proceedings.
Constitutional procedure — Direct access — Exceptional remedy; referrals under s 175(4) — frivolous or vexatious test — s 8(6) Money Laundering Act — evidential burden vs definition of crime — prematurity of abstract constitutional challenge.
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8 January 2020 |
| July 2019 |
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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.
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3 July 2019 |
| April 2019 |
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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.
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3 April 2019 |
| March 2019 |
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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.
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13 March 2019 |
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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.
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6 March 2019 |
| February 2019 |
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27 February 2019 |
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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.
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27 February 2019 |
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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.
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27 February 2019 |
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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.
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27 February 2019 |
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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.
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19 February 2019 |
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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.
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18 February 2019 |
| November 2018 |
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Section 85(1) permits constitutional challenges to Supreme Court decisions only where the court’s unlawful conduct disabled lawful adjudication; mere disagreement is insufficient.
Constitutional review of judicial decisions – s85(1) individual constitutional complaints – direct access (r21) – finality of Supreme Court decisions (s169(1), s26) – disguised appeal – requirement to show failure to act in terms of law disabling lawful decision-making.
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20 November 2018 |
| October 2018 |
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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.
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31 October 2018 |
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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.
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17 October 2018 |
| August 2018 |
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Applicant failed to prove material irregularities; court confirmed declared presidential winner and dismissed the challenge.
Election law – challenge to presidential election – presumption of validity of declaration – onus on aggrieved candidate – requirement for primary source evidence (sealed ballot boxes, V11 returns, recounts) – condonation for procedural non-compliance – minor data-capture errors do not vitiate declaration.
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24 August 2018 |
| July 2018 |
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Direct access denied for non‑compliance with rules; resignation deemed voluntary; succession and impeachment held constitutional; applicants ordered to pay costs.
Constitutional law — direct access — strict compliance with rule 21(3); resignation of President — s 96(1) — presumption of voluntariness from signed written notice; impeachment — s 97 — parliamentary procedure; presidential succession — Sixth Schedule paras 14(4)(b), 14(5) and s 94; withdrawal of proceedings — invalid after matter set down without consent or leave; costs in constitutional litigation — abuse of process may attract costs.
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16 July 2018 |
| June 2018 |
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Constitutional Court dismissed application for direct constitutional relief where administrative remedies and appeal routes were available.
Constitutional jurisdiction – avoidance and ripeness – subsidiarity – administrative law remedies under the Administrative Justice Act – improper direct access to Constitutional Court; disguised appeal; res judicata noted.
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27 June 2018 |
| May 2018 |
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Ministerial approval of electoral commission regulations is an administrative sanction, not unconstitutional control over the Commission.
Constitutional law — Independence of commissions — Whether ministerial approval of electoral commission regulations constitutes "direction or control" — Interpretation of "approve" as administrative sanction — Parliamentary scrutiny of subsidiary legislation — Right to free and fair elections.
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31 May 2018 |
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A constitutional referral under s 175(4) is invalid where the Labour Court lacks jurisdiction because a designated agent already made a final decision.
Labour law – Compulsory conciliation under s 93 – Certificate of no settlement and draft ruling as preconditions for s 93(5a)/(5b) confirmation – Designated agent’s redress under s 63(3a) finalises dispute – Referral under s 175(4) requires matter validly before subordinate court.
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30 May 2018 |
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Applicants’ claim for a diaspora vote dismissed: Zimbabwe’s Constitution and Electoral Act establish a constituency-based system limiting overseas voting.
Constitutional interpretation – political rights and voter qualification – constituency-based electoral system – residency requirements (s 23 Electoral Act) constitutional – postal voting limited to state employees (s 72) not unfair discrimination – international treaties not self-executing without domestic incorporation.
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30 May 2018 |
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Direct access was refused; courts cannot interdict the President’s mandatory proclamation of election dates and s3(3) funding threshold is constitutionally permissible.
Constitutional procedure – direct access to Constitutional Court – necessity of leave under Rules; Constitutional duty – President’s mandatory obligation to proclaim election dates; Interdicts – unlawful to interdict lawful constitutional acts; Political parties funding – s67(4) does not require funding for all parties; Political Parties (Finance) Act s3(3) – rational threshold for funding; Prospects of success and interests of justice; Res judicata.
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28 May 2018 |
| March 2018 |
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Religious schools may require managerial staff to be adherents; changing religion can justify reassignment without constitutional breach.
Freedom of religion — s60(1) and s60(4) — religious communities' right to establish schools and determine managerial qualifications; requirement that headteachers be adherents; change of religion as legitimate basis for reassignment; no infringement of equality or association rights; transfers as consequence, not penalty.
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28 March 2018 |
| October 2017 |
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A constitutional challenge to a High Court costs order was procedurally premature; the applicant should have appealed to the Supreme Court first.
Constitutional law – costs orders – right to legal representation at own expense (s 69(4)) – challenge to taxation under S.I. 12/2011 (as amended by S.I. 107/2011) – jurisdiction of Constitutional Court – requirement to exhaust alternative remedies – doctrine of constitutional avoidance and ripeness – appeal to Supreme Court.
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25 October 2017 |
| September 2017 |
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Alleged unlawful arrest must be challenged in the Magistrate's Court under statutory remedies; Constitutional Court lacked jurisdiction.
Constitutional jurisdiction — lawfulness of arrest — CP&E Act s25 and s41A — Anti-Corruption Commission Act s13 — ZACC powers — police secondment retains arrest powers — reasonable suspicion — principle of subsidiarity — remand (Magistrate's) court primary forum.
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20 September 2017 |
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Direct constitutional relief is improper where the same constitutional issues are pending before a subordinate court.
Constitutional procedure — direct access under s85(1)(a) — improper where same constitutional issue pending before subordinate court; s175(4) procedure; right to privacy (health status) in employment disciplinary context; Labour Court jurisdiction on lawfulness of dismissal.
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20 September 2017 |
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Constitutional challenge to insult-the-President provision; prosecution’s factual misdescription led to matter being struck off the roll.
Criminal law — section 33(2)(a) (insulting/undermining President) — constitutional challenge under freedom of expression — sufficiency and accuracy of charge — false statement must be capable of being believed and engender hostility — factual insufficiency — matter struck off the roll.
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20 September 2017 |
| July 2017 |
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Pre‑trial torture does not automatically bar prosecution; a permanent stay is exceptional and factual disputes must be resolved before referral.
Constitutional law — Prohibition of torture — Pre‑trial ill‑treatment — Effect on validity of prosecution — Use of fruits of torture — Permanent stay of prosecution as an exceptional remedy — Remedies: damages or prosecution of perpetrators — Need to resolve material factual disputes before constitutional referral.
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19 July 2017 |
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Referral under s24(2) was defective because the magistrate failed to form the required opinion; matter struck off the roll.
Constitutional procedure — Section 24(2) former Constitution — duty of magistrate to form and state opinion whether constitutional question raised is merely frivolous or vexatious — referral defective if no proper analysis or formulation — criminal nuisance charge (para 2(f) v 2(v)) — striking off roll; need for magistrate/prosecutor remedial action.
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12 July 2017 |
| May 2017 |
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Premature constitutional challenge struck off where Labour Court pending and statute authorizes impugned conduct.
Constitutional procedure — jurisdictional propriety — ripeness and avoidance — Labour Court jurisdiction under s46(b) — challenge to conduct authorized by statute requires challenge to statute’s constitutionality.
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24 May 2017 |
| March 2017 |
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Court dismissed death‑row prisoners' delay challenge as premature, urging exhaustion of review, appeal and presidential pardon.
Constitutional law — jurisdiction; ripeness and constitutional avoidance; exhaustion of alternative remedies — administrative review of prison conditions; appeal to Supreme Court; presidential pardon/commutation; death penalty — ss 48, 51, 53.
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20 March 2017 |
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Referral flawed: magistrate failed to identify the constitutional question and the responsible Minister was not cited.
Constitutional procedure — referral under s175 — requirement to identify specific constitutional question and relevant facts — viva voce evidence generally required where facts disputed — lower court must apply mind to whether referral is frivolous or vexatious — Minister responsible for statute must be cited where final invalidity relief sought.
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17 March 2017 |
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A constitutional non obstante clause (s16B) permits state land acquisition that overrides treaty-protected property rights (s16(9b)).
Constitutional law — Land acquisition — Section 16B (agricultural land for resettlement) — Non obstante clause — Overrides Chapter III rights including section 16(9b) (treaty-protected property rights) — Acquisition intra vires Constitution.
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16 March 2017 |
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Magistrate’s refusal to refer constitutional question was unlawful; challenged statutory provisions and prosecution found constitutional.
Constitutional law — referral of constitutional question by magistrate — protection of law (s18(1)) — constitutionality of Criminal Law (Codification and Reform) Act s277(3) read with s277(5) — constitutionality of Gazetted Lands (Consequential Provisions) Act ss3(2),3(3) — lawfulness of prosecution — administrative deliberation (Workshop) and s18(2) rights.
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16 March 2017 |
| February 2017 |
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Arresting an accused who freely attends court and detaining them in holding cells is unlawful absent lawful basis.
Constitutional law – Right to personal liberty – Unlawful arrest/detention – Arresting accused who freely attend court and placing them in holding cells – Requirement for lawful exercise of discretion to arrest (Muzondo factors) – Referral to Constitutional Court under s56(1) and s175(4).
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28 February 2017 |
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Application for stay refused, but trial quashed and ordered de novo due to magistrate conduct risking unfair trial.
Criminal procedure – exception to charge – right to be informed promptly of charge (s 70(1)(b)) – prohibition on retrospective criminalisation (s 70(1)(k)) – fair trial and impartial tribunal (s 69(1)) – perception of bias by trial magistrate – proceedings set aside and trial de novo ordered.
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28 February 2017 |
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Leave to appeal requires a constitutional issue actually decided below; obiter reference to s176 is insufficient.
Constitutional jurisdiction – leave to appeal – requirement that constitutional issue was raised and necessary in subordinate court; res judicata and functus officio – limits where currency conversion arises post-judgment; s 176 (inherent jurisdiction) – obiter reference does not create constitutional matter.
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17 February 2017 |
| November 2016 |
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No jurisdiction where Supreme Court did not decide a constitutional matter; abusive appeal attracts attorney‑client costs.
Constitutional Court – jurisdiction – direct appeal from Supreme Court – constitutional matter defined (s 332) – no jurisdiction where Supreme Court did not decide constitutional issue – abuse of process – attorney‑client costs.
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23 November 2016 |
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A vague charge violated the applicant’s right to the protection of the law; alleged conduct did not constitute s33(2)(a) offence.
Criminal law — Undermining authority of President — s 33(2)(a) — Elements: false statement, knowledge of falsity, intent to engender hostility and likelihood to deceive — Vagueness of charge — Right to protection of the law (s 18(1)) — s 139 Criminal Procedure and Evidence Act — Personal liberty (s 13(1)).
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23 November 2016 |
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The applicant cannot invoke the Constitution directly where the Labour Act and CBA provide statutory remedies.
Labour law; right to fair and safe labour practices (s 65); collective bargaining agreement (S.I. No. 67/2012); subsidiarity principle; statutory remedies under the Labour Act; limits of Constitutional Court jurisdiction.
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16 November 2016 |