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Harare High Court
Nyasha Chiramba v Minister of Justice, Legal and Parliamentary Affairs and Attorney General
HH 584-22
Case Details
Court
Harare High Court
Date
2 September 2022
Citation
HH 584-22
Neutral Citation
[2022] ZWHH 584
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Constitutional LawAdministrative LawPublic Law
Keywords
section 106(3) constitutioncode of conductministersparliamentary billsconstitutional obligation
Tags
constitutional compliancemandamusparliamentary procedureexecutive accountability
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents have the constitutional obligation to initiate legislation actualizing section 106(3)","issue_type":"constitutional","dispositive":"yes","related_facts":"Section 106(3) unimplemented for 8 years; respondents are Cabinet members"}
- {"issue_text":"Whether the applicant has locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is law student interested in constitutional compliance"}
- {"issue_text":"Whether the non-joinder of Cabinet/Parliament is fatal to the application","issue_type":"procedural","dispositive":"no","related_facts":"Respondents raised preliminary point on non-joinder"}
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background
Facts of the Case
Background
A law student applied for a mandamus order compelling the Minister of Justice and the Attorney-General to initiate legislation giving effect to section 106(3) of the Constitution, which requires an Act of Parliament to prescribe a code of conduct for Vice-Presidents, Ministers and Deputy-Ministers. The provision had remained unimplemented for eight years since the constitution's enactment in 2013.
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