Willias Madzimure and Allan Norman Markham v The President of the Republic of Zimbabwe and The Attorney General of Zimbabwe

HH 516-22

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Case Details

Court

Harare High Court

Date

29 July 2022

Citation

HH 516-22

Neutral Citation

[2022] ZWHH 516

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Constitutional LawAdministrative Law

Keywords

Presidential Powers (Temporary Measures) ActDelegation of Legislative PowerSection 134 of ConstitutionUltra Vires

Key Issues

{"issue_text":"Whether section 2(2) of the Presidential Powers (Temporary Measures) Act is unconstitutional for delegating Parliament's primary law-making power to the President.","issue_type":"constitutional","dispositive":"yes","related_facts":"The provision allows regulations to cover any matter Parliament can legislate on."}
{"issue_text":"Whether Parliament must comply with the tabling procedure for all statutory instruments.","issue_type":"procedural","dispositive":"no","related_facts":"The applicants sought a declaration on compliance with section 134(f)."}

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background

Facts of the Case

Background

Two Members of Parliament challenged the constitutionality of the Presidential Powers (Temporary Measures) Act, arguing that it unlawfully delegates Parliament's primary law-making power to the President. The respondents opposed, arguing the Act is valid and that the President has inherent powers to make such regulations.

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