Court Judgements




Constitutional Court of Zimbabwe Judgements

(1) COMBINED HARARE RESIDENTS’ ASSOCIATION (2) BORROWDALE RESIDENTS’ ASSOCIATION (3) CLEVER RAMBANAPASI (4) IAN MAKONE (5) ELVIS RUZANE V THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING (2024-02-06)
1. On 11 January 2023, the High Court issued an order declaring the provisions of s 314 of the Urban Councils Act [Chapter 29:15], (“the Act”), inconsistent with the Constitution and therefore invalid. More

(1) CAPTAIN ALFRED NGONIDZASHE MUGADZA V (1) MINISTER OF DEFENCE N.O. (2) COMMANDER OF THE ZIMBABWE NATIONAL ARMY (ZNA) N.O. (3) THE PRESIDENT GENERAL COURT MARTIAL NO 02/2013 N.O. (4) THE DIRECTOR OF MILITARY PROSECUTIONS N.O. (2017-11-22)
In this application, the applicant seeks an order in the following terms: “(a) The prosecution of applicant by the General Court Martial 02/13 for the offence of contravening paragraph 15 (2) (a) of the Defence Act [Chapter 11:02], that is, absence without leave which occurred in 2004 be and is hereby permanently stayed. (b) First, second, third and fourth respondents, the one paying the others to be absolved, are to pay the costs of suit.” [2] The application, which was opposed by the respondents, was heard before this court on 16 October 2013 and judgment reserved. For reasons that remain... More

(1) DEMOCRATIC ASSEMBLY FOR RESTORATION AND EMPOWERMENT (2) STENDRICK ZVORWADZA (2) COMBINED HARARE RESIDENTS ASSOCIATION (4) NATIONAL ELECTION REFORM AGENDA V (1) NEWBERT SAUNYAMA N.O. (2) COMMISSIONER GENERAL OF POLICE (3) THE MINISTER OF HOME AFFAIRS (4) THE ATTORNEY GENERAL OF ZIMBABWE (2018-10-17)
On 4 July 2017, the Supreme Court acting in terms of s 175(4) of the Constitution referred a constitutional matter to this Court. The essence of its order is to seek from this Court an answer to the question whether or not s 27 of the Public Order and Security Act [Chapter 7.11], (POSA) is constitutional. More

(1) INNOCENT GONESE (2) JESSIE MAJOME V (1) PRESIDENT OF ZIMBABWE (2) PARLIAMENT OF ZIMBABWE (3) MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS AND NATIONAL HOUSING N.O. (2018-10-31)
This is an application in terms of s 167(2)(d) of the Constitution of Zimbabwe for the Court to determine whether Parliament or the President has failed to fulfil a constitutional obligation. The applicants aver that the respondents have failed to do so in respect of the presentation and passage of the Local Government Amendment Act No. 8 of 2016 in Parliament. It is further averred that presenting and passing a Bill in contravention of the Constitution amounts to a failure to fulfil a constitutional obligation. More

(1) MICHAEL NYIKA (2) CHRISPEN TOBAIWA V (1) MINISTER OF HOME AFFAIRS (2) COMMISSIONER GENERAL OF POLICE (3) INSPECTOR DAMBURAI (4) LISBORNE CHIBANDA (2020-01-14)
This is an application made in terms of s 175(3) of the Constitution of Zimbabwe, 2013, for an order confirming a declaration of constitutional invalidity made by the High Court of Zimbabwe. More


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