Commission of InquiryPresidential PrerogativeCabinet AdviceDeployment of Defence ForcesPublic Order
Tags
Commission of InquiryPresidential PowersConstitutional ChallengePost-Election Violence
legislation
Statutes Cited
Commissions of Inquiry Act
Commissions of Inquiry Act
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Constitution of Zimbabwe Amendment (No. 20) Act 2013
Public Order and Security Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the President's statement of 29 August 2018 constitutes a reviewable decision","issue_type":"procedural","dispositive":"yes","related_facts":"Statement made before Commission legally established"}
{"issue_text":"Whether the President needed cabinet advice to establish the Commission of Inquiry","issue_type":"constitutional","dispositive":"yes","related_facts":"President acted under s 110(2)(d) of Constitution"}
{"issue_text":"Whether the President was conflicted in establishing the Commission due to alleged deployment of defence forces","issue_type":"factual/constitutional","dispositive":"yes","related_facts":"Defence forces deployment on 1 August 2018"}
{"issue_text":"Whether the appointment of certain commissioners should be set aside for bias","issue_type":"procedural","dispositive":"no","related_facts":"Allegations against Professors Madhuku and Manyeruke"}
{"issue_text":"Whether the Commission's terms of reference are biased and should be substituted","issue_type":"procedural","dispositive":"no","related_facts":"Applicants' proposed alternative terms"}
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background
Facts of the Case
Background
The applicants challenged the President's decision to establish a Commission of Inquiry into the 1 August 2018 post-election violence, arguing it was unconstitutional and that the President was conflicted. The first applicant's brother was killed during the violence, and the second applicant is an NGO providing services to victims of violence.
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