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GONESE & ANOR v THE PRESIDENT & ORS 2018 (2) ZLR 670 (CC)

2018 (2) ZLR p670

Citation

2018 (2) ZLR 670 (CC)

Case No

Judgment No. CC-10-18

Court

Constitutional Court, Harare

Judge

Gwaunza JCC, Garwe JCC, Gowora JCC, Hlatshwayo JCC, Patel JCC, Guvava JCC, Mavangira JCC, Uchena JCC & Bhunu JCC

Heard

14 February 2018

Judgment

31 October 2018

Counsel

L Madhuku, for the applicants
M Chimombe for the first & third respondents
L Uriri, for the second respondent

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – application in terms of s 85(1) of Constitution – exclusive jurisdiction of Constitutional Court – principle underlying such exclusive jurisdiction and determination of whether constitutional question falls within such jurisdiction of the court – allegation that President or Parliament has failed to fulfil a constitutional obligation – allegation that Parliament failed to follow proper procedures when passing a Bill – distinction between procedural prerequisites and constitutional duties relative to the processes involved in passage of legislation

Court – Constitutional Court – power to refer matter to High Court for purposes of resolution of material disputes of fact

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