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M & ANOR v MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS NO & ORS 2016 (2) ZLR 45 (CC)

2016 (2) ZLR p45

Citation

2016 (2) ZLR 45 (CC)

Case No

Judgment No. CCZ-12-15

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo, Patel and Guvava JJCC

Heard

14 January 2015

Judgment

14 January 2015

Counsel

T Biti, for the applicants
O Zvedi, for the respondents

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 78 – right to found a family – whether includes right to marry – whether there is a minimum age of marriage.

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 81 – rights of children – whether there is a prohibition against child marriage.

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – locus standi under section 85 (1) – the need for a broad and generous approach to locus standi.

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 46 – principles of interpretation of provisions in the Bill of Rights – obligation on a court to give a broad, generous and purposive interpretation – additional need to take into account international law, all treaties and conventions to which Zimbabwe is a party.

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