Marx Mupungu v Minister of Justice, Legal and Parliamentary Affairs & 6 Ors

CCZ 07/21

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Case Details

Court

Constitutional Court

Date

22 September 2021

Citation

CCZ 07/21

Neutral Citation

[2021] ZWCCZ 7

Outcome

unknown

Case Type

Application

Bench

Presiding

Gwaunza DCJ

Author

Makarau JCC & Patel JCC

Full Bench

Gwaunza DCJGarwe JCCMakarau JCCGowora JCCHlatshawayo JCCPatel JCCGuvava AJCC

Areas of Law

Constitutional lawJudicial review

Keywords

Section 175 ConstitutionSection 186 ConstitutionSection 328 ConstitutionChief Justice tenureConstitutional invalidity

Key Issues

{"issue_text":"Whether the High Court orders constituted constitutional invalidity orders requiring confirmation","issue_type":"constitutional","dispositive":"yes","related_facts":"High Court declared Chief Justice's extension invalid"}
{"issue_text":"Whether the applicant had locus standi under s 175(3)","issue_type":"procedural","dispositive":"no","related_facts":"Applicant was not party to High Court proceedings"}
{"issue_text":"Whether s 186 amendment violated s 328(7) term limit provision","issue_type":"constitutional","dispositive":"yes","related_facts":"Amendment allowed tenure extension beyond age 70"}

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background

Facts of the Case

Background

The Chief Justice elected to extend his tenure beyond age 70 under amended s 186 of Constitution. The High Court declared this invalid, finding the amendment violated s 328(7). The applicant sought Constitutional Court confirmation that these were orders of constitutional invalidity requiring confirmation.

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