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Constitutional Court

Innocent Gonese & Jessie Majome v President of Zimbabwe & Parliament of Zimbabwe & Minister of Local Government and Public Works and National Housing N.O.

[2018] ZWCCZ 10

Case Details

Court
Constitutional Court
Date
31 October 2018
Citation
[2018] ZWCCZ 10
Judgment No.
CCZ 10/2018
Outcome
unknown
Case Type
Application

Bench

Presiding
Patel JCC
Full Bench
Gwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCMavangira JCCUchena JCCBhunu JCC
Areas of Law
Constitutional LawAdministrative LawParliamentary Law
Keywords
constitutional obligationpublic hearingsparliamentary legal committeegazetting of billsseparation of powers
Tags
constitutional obligationparliamentary procedurepublic participationlegislative process
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Parliament and the President failed to fulfil constitutional obligations by not gazetting the amended Bill fourteen days before introduction","issue_type":"procedural","dispositive":"no","related_facts":"Two versions of Bill, replacement of original text with new text"}
  • {"issue_text":"Whether the Parliamentary Legal Committee properly examined the Bill with collective knowledge of all members","issue_type":"procedural","dispositive":"no","related_facts":"Only three of five members attended final meeting, WhatsApp notice given"}
  • {"issue_text":"Whether Parliament complied with constitutional requirement for public participation in legislative process","issue_type":"constitutional","dispositive":"yes","related_facts":"Petition alleging violent intimidation, promised investigation not conducted"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants, members of Parliament, challenged the constitutional validity of the Local Government Amendment Act No. 8 of 2016, alleging that Parliament and the President failed to fulfil constitutional obligations in its enactment by not complying with gazetting requirements, Parliamentary Legal Committee examination procedures, and public participation requirements.
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