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Constitutional Court
The President of the Senate & 2 Ors v Innocent Gonese & 3 Ors
CCZ 01/21
Case Details
Court
Constitutional Court
Date
25 February 2021
Citation
CCZ 01/21
Neutral Citation
[2021] ZWCCZ 1
Outcome
unknown
Case Type
Application
Bench
Presiding
Makarau AJCC
Full Bench
Makarau AJCCGowora AJCCPatel AJCC
Areas of Law
Constitutional lawParliamentary law
Keywords
Constitutional Amendment Bill No 1 of 2017Section 147 of ConstitutionBill lapseParliament dissolutionExtension of time
Tags
Constitutional amendmentParliamentary procedureSeparation of powersBill lapse
legislation
Statutes Cited
- Criminal Justice Act 2003
- Human Rights Act 1998
- European Convention on Human Rights
- Prison Act 1952
- Criminal Justice and Court Services Act 2000
- Offender Management Act 2007
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Crime (Sentences) Act 1997
- Criminal Appeal Act 1968
- Criminal Appeal Act 1995
- Criminal Justice Act 1967
- Criminal Justice Act 1982
- Criminal Justice Act 1988
- Criminal Justice Act 1991
- Criminal Justice and Public Order Act 1994
- Crime and Disorder Act 1998
- Powers of Criminal Courts (Sentencing) Act 2000
- Criminal Justice and Immigration Act 2008
- Coroners and Justice Act 2009
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are legislative organs seeking extension of court order"}
- {"issue_text":"Whether the order sought is unconstitutional for violating section 147","issue_type":"constitutional","dispositive":"yes","related_facts":"Parliament dissolved in July 2018, Bill never became law"}
- {"issue_text":"Whether the applicants have made out a case for extension of the 180-day period","issue_type":"mixed","dispositive":"yes","related_facts":"COVID-19 restrictions prevented compliance"}
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background
Facts of the Case
Background
The applicants sought an extension of the 180-day period granted by the Constitutional Court on 31 March 2020 for the Senate to re-vote on Constitutional Amendment Bill No 1 of 2017, claiming COVID-19 lockdown restrictions prevented compliance. The first respondent opposed, arguing the Bill had lapsed under section 147 when Parliament dissolved in July 2018.
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