Law Society of Zimbabwe v Parliament of Zimbabwe & Ors

[2023] ZWCCZ 10

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Case Details

Court

Constitutional Court

Date

26 July 2023

Citation

[2023] ZWCCZ 10

Judgment No.

CCZ 10/23

Outcome

unknown

Case Type

Application

Bench

Presiding

GOWORA JCC

Full Bench

GARWE JCCMAKARAU JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCUCHENA AJCCMAKONI AJCC

Areas of Law

Constitutional lawAdministrative law

Keywords

Constitutional amendmentPublic consultationLocus standiParliamentary procedure

Key Issues

{"issue_text":"Whether the applicant has locus standi to approach the Court under s 167(2)(d) of the Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's vague statement of interest, abandonment of s 85"}
{"issue_text":"Whether applicant properly pleaded its cause of action under s 167(2)(d)","issue_type":"procedural","dispositive":"yes","related_facts":"Conflation of s 85 and s 167(2)(d), vague pleadings"}
{"issue_text":"Whether two causes of action can be joined in single application","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought under both s 85 and s 167(2)(d)"}

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background

Facts of the Case

Background

The Law Society of Zimbabwe challenged the constitutional validity of Constitutional Amendment No1 Act and No2 Act, alleging Parliament failed to comply with constitutional procedures including public consultation requirements. The application was brought under s 167(2)(d) as read with s 85 of the Constitution.

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