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Harare High Court
Moven Kufa and The Voice for Democracy Trust v The President of the Republic of Zimbabwe N.O and The Prime Minister of the Republic of Zimbabwe N.O and Savious Kasukuwere and Joseph Made and Walter Mzembi and Flora Bhuka and Sylvester Ngoni and Henry Madzorera and Giles Mutsekwa and Sekai Holland
HH 86-11
Case Details
Court
Harare High Court
Date
6 April 2011
Citation
HH 86-11
Neutral Citation
[2011] ZWHH 86
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Constitutional LawAdministrative Law
Keywords
ministerial appointmentsconstitutional limitsSchedule 8Global Political Agreementgovernment of national unity
Tags
constitutional interpretationministerial appointmentsseparation of powers
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 19) Act, 2009
- High Court Act
- Interpretation Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has jurisdiction to determine disputes arising from Schedule 8 provisions despite their political origins","issue_type":"procedural","dispositive":"yes","related_facts":"Schedule 8 resulted from Global Political Agreement"}
- {"issue_text":"Whether Article 20.1.6(5) limiting ministers to 31 is peremptory or directory","issue_type":"constitutional","dispositive":"yes","related_facts":"41 ministers appointed exceeding limit"}
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background
Facts of the Case
Background
The applicants challenged the constitutionality of appointments of 10 ministers beyond the 31-minister limit prescribed in Schedule 8 of the Constitution, which resulted from the Global Political Agreement establishing a government of national unity.
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