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NKOMO v MINISTER OF LOCAL GOVERNMENT, RURAL & URBAN DEVELOPMENT & ORS 2016 (1) ZLR 113 (CC)

2016 (1) ZLR p113

Citation

2016 (1) ZLR 113 (CC)

Case No

Judgment No. CCZ-6-16

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo, Patel and Guvava JJCC and Mavangira AJCC

Heard

17 June 2015

Judgment

29 June 2016

Counsel

T Biti, for the applicant
M Chimombe, for the respondents

Case Type

Opposed application

Annotations

Flynote

Constitutional law – fundamental rights – application in terms of section 85 (1) of the Constitution of Zimbabwe, 2013 – equality before the law and right to equal protection and benefit of the law under section 56 (1) – whether the failure by the State to enact a law envisaged in the Constitution infringed the applicant's right in section 56 (1).

Constitutional law – fundamental rights – application in terms of section 85 (1) of the Constitution of Zimbabwe, 2013 – whether application may be made to vindicate a right not contained in Chapter 4 of the Constitution of Zimbabwe, 2013.

Constitutional law – locus standi – application in terms of section 85 (1) of the Constitution of Zimbabwe, 2013 – what happens where applicant loses status between institution of proceedings and hearing of the matter.

Constitutional law – writs – a mandamus as a remedy – requirements thereof.

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