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ZVOMA v MOYO NO & ORS 2012 (1) ZLR 117 (H)

2012 (1) ZLR p117

Citation

2012 (1) ZLR 117 (H)

Case No

Judgment No. HH-23-12

Court

High Court, Harare

Judge

Bere J

Heard

21 December 2011; 30 December 2011; CAV

Judgment

20 January 2012

Counsel

D Ochieng for the applicant
Mrs B Mtetwa, for the third and fourth respondents
C Mhike, for the first, second, fifth, sixth and seventh respondents

Case Type

Urgent chamber application

Annotations

No case annotations to date

Flynote

Constitutional law – Parliament – powers – standing orders – need for Parliament to obey such orders – motion passed in breach of standing order – such motion a nullity – no right of members of Parliament to deal with matters pending before courts or which are sub judice

Constitutional law – Parliament – privilege – Speaker's certificate – validity – need for certificate to be specific and detailed

Constitutional law – Parliament – staff – Clerk of Parliament – appointment of – appointed by Committee on Standing Rules – dismissal of Clerk – dismissal must be initiated by Committee, followed by due process – Parliament – no right of Parliament to dismiss Clerk without initial enquiry by Committee – effect of failure to follow proper procedures – locus standi –members of Parliament having no locus standi to initiate dismissal of Clerk

Employment – Labour Act [Chapter 28:01] – applicability – Act not applicable to staff of Parliament appointed in terms of Constitution

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