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Harare High Court
National Constitutional Assembly (NCA) and Professor Lovemore Madhuku v The President of the Republic of Zimbabwe N.O. and The Chairperson/Acting Chairperson of the Zimbabwe Election Commission N.O.
HH 58-13
Case Details
Court
Harare High Court
Date
28 February 2013
Citation
HH 58-13
Neutral Citation
[2013] ZWHH 58
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Constitutional lawAdministrative law
Keywords
Presidential immunityReferendum ActSection 31K ConstitutionProclamationJusticiability
Tags
Presidential powersReferendumConstitutional reviewJusticiability
legislation
Statutes Cited
- Constitution of Zimbabwe
- Referendums Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the President's conduct in fixing the referendum date is justiciable given section 31K(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"President issued proclamation under section 3 of Referendums Act; applicants challenged the date as inadequate"}
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background
Facts of the Case
Background
The applicants challenged the President's proclamation setting 16 March 2013 as the referendum date for the draft constitution, arguing the 30-day period was grossly inadequate and violated their rights to informed participation. The President opposed on preliminary grounds that his action was protected by constitutional immunity provisions.
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