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Citation
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Judgment date
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| November 2016 |
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Alleged public-broadcaster bias is for statutory/administrative remedy; refusal to pay licence fees is unlawful.
Broadcasting law — public broadcaster editorial impartiality; administrative law remedies and subsidiarity; taxation/licence-fee collection; constitutional deprivation of property; refusal to pay licence fees unlawful.
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9 November 2016 |
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Court granted stay of criminal proceedings pending constitutional determination due to possible procedural defects and Prosecutor‑General’s consent.
Constitutional procedure — stay of criminal proceedings pending constitutional review; alleged failure of due process; Prosecutor-General as dominus litis; locus standi of state investigators; consent orders and urgent set down.
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4 November 2016 |
| October 2016 |
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Prosecutorial independence is subject to law; the Prosecutor-General must issue mandated nolle prosequi certificates and obey court orders.
Constitutional law — Prosecutor-General — prosecutorial independence is subject to Constitution and law — ss 13, 16 Criminal Procedure and Evidence Act and s 12 NPA Act compel issuance of certificates nolle prosequi — judicial review and enforcement of statutory duties — contempt for refusal to obey court orders — abuse of process in ex parte application.
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28 October 2016 |
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Constitutional Court refuses leave where applicants failed to exhaust alternative domestic remedies to vindicate access to courts.
Constitutional principle – access to courts (s 69) – leave to appeal to Constitutional Court – requirement to exhaust alternative domestic remedies – interlocutory order restricting appeals – stay of execution.
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17 October 2016 |
| July 2016 |
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Whether listener licence fees constitute a tax and whether they unlawfully infringe property, legality and freedom of expression rights.
Broadcasting law — listener's licence fees held to be a 'tax'; definition of 'receiver' satisfies legality; funding scheme reasonably justifiable limitation on freedom of expression to protect public broadcaster's editorial and financial independence.
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20 July 2016 |
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An irreducible life sentence without prospect of review violates dignity and equality; parole review must be available to life prisoners.
Constitutional law – Human dignity and prohibition of cruel, inhuman or degrading treatment – Irreducible life imprisonment incompatible with ss 51 and 53; Equality – Right to equal protection under s 56 – exclusion of life prisoners from parole/release process unconstitutional; Penal policy – Rehabilitation and prospect of review essential; Remedy – read-in/extension of Part XX parole procedures to life prisoners pending legislative amendment; s49 liberty claim dismissed.
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13 July 2016 |
| June 2016 |
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A private school may enforce compulsory chapel where parents accepted its contractual ethos; application dismissed with protection against immediate expulsion.
Constitutional law — freedom of conscience and religion — compulsory school chapel attendance; Education Act s 4(2) — scope limited to admission; Discrimination — comparison with treatment of others; Limitation clause s 86 — private contract not a law of general application; Contractual waiver of rights in private educational institutions; Remedies — dismissal of application, protection against immediate expulsion.
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29 June 2016 |
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Applicant failed to prove unequal protection or entitlement to mandamus for delayed devolution legislation.
Constitutional procedure — locus standi under s85 (capacity to sue); Equality — s56(1) requires proof of unequal treatment; Devolution — s264/s267 'whenever appropriate' not time‑bound; Mandamus — requirements for final interdict not met.
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29 June 2016 |
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Where the Administrative Justice Act gives effect to s 68, administrative complaints must be pursued under that Act, not by direct constitutional application.
Administrative law — right to just administrative conduct (s 68) — Administrative Justice Act gives effect to s 68 — subsidiarity and avoidance — jurisdiction under s 85(1)(a) — s 291 not a fundamental right — s 71(3) inapplicable.
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24 June 2016 |
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Marriage to a citizen does not negate a foreign spouse’s prohibited-person status; constitutional relief improper without exhausting statutory remedies.
Immigration law — "prohibited person" status under s 14(1)(e)(i) — conviction abroad for drug possession — effect of defective prohibition notice — marriage to a citizen does not negate prohibited status — enforcement of s 17 — freedom of movement claim — exhaustion of statutory remedies and ripeness.
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15 June 2016 |
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Section 79 criminalizing deliberate or reckless transmission of HIV is neither unconstitutionally vague nor discriminatory under section 23.
Criminal law – deliberate transmission of HIV (s79) – vagueness and foreseeability (s18 protection of the law) – incorporation of dolus directus and dolus eventualis via s15 – discrimination (s23) – HIV status not a listed protected ground – limitation justified to prevent spread of HIV/AIDS.
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15 June 2016 |
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15 June 2016 |
| May 2016 |
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Disciplinary charges for grafting negligence and sexual misconduct were timely proved; dismissal upheld and appeal dismissed.
Labour law – disciplinary procedure – prescription of misconduct charges – gross negligence in performance of duties – proof of sexual misconduct on balance of probabilities – sanction of dismissal.
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24 May 2016 |
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Availability of interim relief and judicial scrutiny in registration prevents s 92E(2) and s 98(14) from violating equal protection.
Labour law – Appeals to Labour Court – s 92E(2) and s 92E(3) – effect of appeal on arbitration awards – interim relief; Labour law – registration of arbitral awards – s 98(14) – judicial inquiry into formalities – enforcement mechanism; Constitutional law – equality before the law (s 56) – availability of statutory remedies; Separation of powers – role of High Court in registration (s 162).
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18 May 2016 |
| March 2016 |
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Applicant pursued constitutional relief instead of appeal; matter dismissed and costs awarded on legal practitioner and client scale.
Constitutional procedure – s 85 access to courts – appeal vs constitutional application – doctrine of constitutional avoidance – withdrawal after matter set down – enhanced costs for repeated defective constitutional applications.
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9 March 2016 |
| January 2016 |
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Prosecution for occupying acquired agricultural land without lawful authority does not raise a constitutional protection-of-the-law issue.
Gazetted Lands Act s3 — Constitutionality of prosecutions for occupying acquired land without lawful authority; no transfer of undertaking on land acquisition; labour law issue is statutory interpretation, not constitutional.
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21 January 2016 |
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Public-interest applicants successfully established that the Constitution sets 18 as the minimum age of marriage; child marriage abolished.
Constitutional law — standing under s85(1)(d) (public interest) — interpretation of s78(1) (right to found a family) — minimum marriage age 18 — invalidity of Marriage Act s22(1) and laws permitting child marriage — consideration of CRC and ACRWC.
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20 January 2016 |
| November 2015 |
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Court upheld contempt provision as a justified limitation on expression where statements scandalise the judiciary.
Contempt of court (scandalising the court) — s182(1) Criminal Code — freedom of expression — permissible limitation to maintain judicial authority — political speech vs denigration of judiciary — freedom of association — discriminatory treatment — presidential immunity from prosecution.
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18 November 2015 |
| October 2015 |
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Direct access to the Constitutional Court requires a statutory basis; s176 cannot enlarge jurisdiction; application dismissed with costs.
Constitutional Court jurisdiction — Direct access — s167(1) does not itself confer right of approach — Enforcement of rights under s85(1) — Inherent powers s176 cannot expand jurisdiction — Referral under s175(4) and appeal limits — Finality of Supreme Court where no constitutional issue raised — Costs on legal practitioner and client scale.
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7 October 2015 |
| August 2015 |
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Applicants had no constitutional right to appeal the Supreme Court and failed to show urgency; application dismissed with costs.
Constitutional Court jurisdiction; s167(5)(procedural) does not confer substantive right of appeal; s169(1) Supreme Court final appellate court; appeal requires a constitutional determination by lower court or specific constitutional provision; urgency requires party-specific grounds, not general public interest.
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1 August 2015 |
| July 2015 |
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Excessive judicial intervention violated the applicant's s69(1) right; conviction set aside and retrial ordered.
Criminal procedure — Judicial impartiality — Judge 'descending into the arena' — Right to a fair hearing (s 69(1)) — Excessive judicial questioning — Trial unfair; proceedings set aside and remitted for trial de novo — Constitutional validity of death sentence left undecided.
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21 July 2015 |
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Constitutional issues arising in lower-court proceedings must be referred under s175(4), save limited Martin-type exceptions.
Constitutional procedure – s 85(1)(a) direct access to Constitutional Court – s 175(4) mandatory referral of constitutional matters arising in lower courts – interpretation in pari materia with old s 24 – purposive construction to avoid absurdity – Martin exception – reluctance to intervene in ongoing inferior-court proceedings.
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14 July 2015 |
| June 2015 |
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Applicant lacked standing and sought relief that would perpetuate unlawful unregistered insurance brokering.
Constitutional standing (s85) — locus standi of associations; Insurance Act and Regulations — registration/licensing of insurers, brokers and agents; non-joinder of Minister; illegality as bar to constitutional relief; agency agreement between insurer pool and revenue authority.
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24 June 2015 |
| May 2015 |
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A no-expectation renewal clause defeats a legitimate-expectation unfair-dismissal claim absent proof of replacement.
Labour law – s 12B(3)(b) Labour Act – fixed-term contracts – legitimate expectation to be re-engaged – requirement that another person was engaged in employee’s stead – contractual no-expectation clause upheld – insufficient evidence of replacement.
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21 May 2015 |
| April 2015 |
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A party’s written notice under s129(1)(k) creates a parliamentary vacancy by operation of law; presiding officers need not adjudicate.
Constitutional law — tenure of parliamentary seat — s 129(1)(k) — vacancy created by operation of law upon written notice from political party; presiding officers’ role administrative not judicial; no duty to investigate internal party processes; constitutional act cannot infringe other constitutional rights; anti‑defection/seat vacancy mechanism.
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14 April 2015 |
| March 2015 |
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Referral based on written submissions only is improper; viva voce evidence is required to establish delay, responsibility, assertion and prejudice.
Constitutional law — right to a fair and speedy trial — factors: length of delay, reasons/responsibility, assertion of rights, prejudice — necessity of viva voce evidence in lower court before referral to Constitutional Court — improper referral where magistrate proceeds on written submissions only.
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8 March 2015 |
| February 2015 |
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Employer validly discharged retrenchment payments in Zimbabwe Dollars; arbitrator exceeded mandate and award set aside.
Labour law – retrenchment payments – effect of Monetary Policy Statement and S.I. 6/2009 on pre-existing debts – co-circulation and conversion provisions (s 8) – limits of arbitral and Labour Court equitable intervention – tribunal exceeding terms of reference by rewriting contract.
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25 February 2015 |
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Order to submit written explanation was lawful; refusal constituted wilful disobedience and justified dismissal.
Employment law – Lawfulness and reasonableness of employer’s orders – Test for lawfulness: capable of performance; advances employer’s business; related to duties; lawful act; not unreasonable – Wilful disobedience/insubordination – Deliberate refusal to obey lawful instruction undermines employment relationship – Reinstatement overturned.
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18 February 2015 |
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Court declared s96 criminal defamation provision inconsistent with freedom of expression and permanently stayed related prosecutions.
Constitutional law — Freedom of expression — Section 96 Criminal Law (Codification & Reform) Act — Criminal defamation — Justifiability under s 20(2) — Declaratory relief and permanent stay of prosecution.
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18 February 2015 |
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Nearly four-year delay, partly caused by both State and applicant, did not establish a s18 breach; permanent stay refused.
Constitutional law – right to a hearing within a reasonable time (s18(2)) – delay assessment: length, reasons, assertion of right, prejudice – shared responsibility for delay – requirement of timely assertion and proof of prejudice for stay of prosecution.
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16 February 2015 |
| December 2014 |
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Over five-year delay did not justify permanent stay where State gave reasonable explanation and accused failed to prove prejudice.
Constitutional law — right to protection of the law/speedy trial — delay of over five years — four-factor test (length; reasons; assertion of rights; prejudice) — need for viva voce evidence to establish prejudice — magistrate’s duty to refer constitutional questions under s 24.
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4 December 2014 |
| November 2014 |
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Complainant may petition the Attorney‑General; delay‑based stay requires evidential proof of prejudice and assertion of rights.
Constitutional law – Right to fair trial within reasonable time – Stay of prosecution for inordinate delay – In re Mlambo factors – Requirement to place evidence on responsibility for delay, assertion of right, and prejudice; Criminal procedure – Prosecutorial discretion – Complainant’s representations to Attorney‑General – nolle prosequi.
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10 November 2014 |
| October 2014 |
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A constitutional referral was warranted, but the Act's definition of "lawful authority" was upheld and prosecution stood.
Gazetted Lands Act – s 2 definition of "lawful authority" – meaning limited to offer letter, permit or land settlement lease – s 16B(6) Constitution – Parliament’s power to define "lawful authority" – discharge at close of State case – prima facie requirements – failure to give reasons – irregularity v substantial miscarriage of justice – referral to Constitutional Court when non‑frivolous constitutional question arises.
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8 October 2014 |
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Long delay and a missing trial record do not justify a permanent stay where reconstruction is practicable and sentencing may proceed.
Criminal procedure — right to speedy trial — permanent stay of prosecution — disappearance of trial record — reconstruction of record possible — prejudice to accused balanced against societal interest in prosecution.
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1 October 2014 |
| July 2014 |
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Eviction after conviction for illegal occupation of compulsorily acquired land need not await prepayment of compensation for improvements.
Compulsory acquisition of land – eviction after conviction for unlawful occupation – mandatory eviction under s 3(5) of Gazetted Land Act; Property rights – s 72 – compensation for improvements survives acquisition and need not be prepaid before eviction; Disability rights – s 83 – disability does not exempt from eviction for criminal occupation; Cruel, inhuman or degrading treatment – s 53 – eviction after due process not inherently inhuman or degrading.
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9 July 2014 |
| June 2014 |
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Criminal defamation (s 96) unjustifiably limits freedom of expression and may be disproportionate given civil alternatives.
Criminal defamation — Freedom of expression — Reasonable justification and proportionality — Chilling effect on press — Availability of civil remedies (actio injuriarum) — Imprisonment excessive — Rule nisi under s 24(5).
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12 June 2014 |
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A constitutional referral is improper without evidence and a magistrate's finding that issues are not frivolous or vexatious.
Constitutional procedure – referral under s 24(2) – duty of magistrate to determine frivolous/vexatious and resolve factual disputes – requirement for accused to adduce evidence and give notice to State – S v Banga applied.
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10 June 2014 |
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A citizen by birth retains dual citizenship and constitutional freedom of movement even when using a foreign passport.
Constitutional law – Citizenship by birth – entitlement to dual citizenship – freedom of movement and immunity from expulsion (s 66) – conflict between Immigration Regulations and constitutional rights – endorsement of foreign passport with unrestricted residence.
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4 June 2014 |
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Overcrowded unsanitary detention and forced removal of brassieres violated applicants' rights to be free from inhuman treatment and discrimination.
Constitutional law — Conditions of detention — s 15 inhuman or degrading treatment — overcrowding, inadequate sanitation, lack of water, hygiene and privacy; Constitutional non‑discrimination — s 23 — sex‑based discrimination by seizure/compulsory removal of necessary wearing apparel (brassieres); enforcement under s 24.
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4 June 2014 |
| May 2014 |
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Delay was presumptively prejudicial but accused’s evasion of service and lack of prejudice defeated claim for permanent stay.
Constitutional law — right to trial within a reasonable time — delay of prosecution — factors: length, reasons, assertion, prejudice — accused’s conduct and evasion of service as justification for delay — remedy of permanent stay.
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28 May 2014 |
| March 2014 |
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Whether the applicant could permit special voters denied ballots by State failure to vote on election day despite s81B(2).
Electoral law – Special voting – Interpretation of s 81B(2) – Presumption of constitutionality – Right to vote (s 67 Constitution) – Mischief rule – Remedial relief to prevent disenfranchisement.
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26 March 2014 |
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Failure to request a s 24(2) referral before a magistrate’s remand decision renders a later Supreme Court referral incompetent.
Constitution s 24(2) and (3) – referral of questions of contravention of Declaration of Rights to Supreme Court – timing requirement – original jurisdiction – failure to request referral before lower court decision fatal – remedy is appeal or review.
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16 March 2014 |
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Parate executie is part of common law, not rendered unconstitutional by s 69(3), which is not retrospective.
Parate executie – contract clause permitting creditor to seize and sell movables – access to courts – constitutionality – retroactivity of constitutional rights – common law and public policy
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5 March 2014 |
| January 2014 |
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State discontinued prosecutions; artworks and political speech did not disclose offences under ss 31 and 33(2)(a).
Criminal Law Code ss 31 & 33(2)(a) – freedom of expression – artistic expression – false statements about the President – requirement of falsity and real risk of inciting prohibited emotions – political speech protected – mootness where State discontinues prosecution.
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15 January 2014 |
| November 2013 |
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Allegations of inhuman detention conditions and denial of ARV access require trial due to material disputes of fact.
Constitutional law — alleged inhuman or degrading treatment and denial of access to anti‑retroviral medication in detention; motion proceedings — material disputes of fact; s 24 constitutional applications — referral to High Court for trial where viva voce evidence required.
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13 November 2013 |
| August 2013 |
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Section 93 does not allow withdrawal of a presidential election petition; petition dismissed for lack of evidential support.
Constitutional law — s 93 challenge to presidential election — No right to withdraw a s 93 petition — "Must hear and determine" creates mandatory duty — Public interest in finality of presidential-election disputes — Petition dismissed for lack of evidence.
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20 August 2013 |
| June 2013 |
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Residence qualifications and a limited postal ballot do not unjustifiably infringe the constitutional right to vote.
Electoral law – political rights – residence qualifications for voter registration – removal after twelve months’ absence – postal ballots limited to government service absentees – constituency representation versus proportional representation – no obligation to establish overseas polling facilities.
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28 June 2013 |
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The applicant, a citizen by birth, need not renounce foreign citizenship to obtain a Zimbabwean identity document.
Constitutional law – Citizenship by birth (s36) – Dual citizenship – Prohibition of dual citizenship limited to citizenship by descent or registration (s42) – Revocation of citizenship (s39) – Savings and transitional provision (s43) – Issuance of identity documents.
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25 June 2013 |
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Court ordered urgent set down of a political-party funding challenge due to imminent elections and risk of irreparable prejudice.
Constitutional law - political party funding - urgency - irreparable prejudice - electoral timetable - Political Parties (Finance) Act - procedural requirement for urgent set down.
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20 June 2013 |
| May 2013 |
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30 May 2013 |