Trevor Jones Lovelace Saruwaka v Speaker of National Assembly N.O and The Clerk of Parliament and The Chief Security Officer Parliament of Zimbabwe N.O

HH 717-17

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Case Details

Court

Harare High Court

Date

25 October 2017

Citation

HH 717-17

Neutral Citation

[2017] ZWHH 717

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Constitutional LawAdministrative Law

Keywords

Section 60 ConstitutionRastafarianStanding OrdersSpeaker discretion

Key Issues

{"issue_text":"Whether the application is properly before the court given the previous ruling by TAGU J","issue_type":"procedural","dispositive":"no","related_facts":"The matter was removed from the urgent roll by TAGU J"}
{"issue_text":"Whether the ejectment of the applicant from Parliament violates his right to freedom of conscience and religion under Section 60 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"The applicant was ejected for wearing a Rastafari jacket"}
{"issue_text":"Whether the Speaker's actions were authorized by law (Standing Orders)","issue_type":"law","dispositive":"yes","related_facts":"The Speaker acted under Standing Orders"}

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Facts of the Case

Background

The applicant, a Member of Parliament, was barred from attending parliamentary sessions and pre-budget consultative meetings for wearing a colourful Rastafari jacket. He argued this violated his constitutional right to freedom of religion under Section 60. The respondents opposed, citing the Speaker's discretion under Standing Orders and raising a point in limine regarding urgency.

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