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DENHERE v DENHERE & ANOR 2019 (1) ZLR 554 (CC)

2019 (1) ZLR p554

Citation

2019 (1) ZLR 554 (CC)

Case No

Judgment No. CC-9-19

Court

Constitutional Court, Harare

Judge

Malaba CJ

Heard

17 November 2017

Judgment

13 March 2019

Counsel

L Madhuku, for the applicant
T Mpofu, with him H Nkomo, for the first respondent
No appearance for the second respondent

Case Type

Chamber application for leave for direct access

Annotations

Flynote

Court – Constitutional Court – direct access under s 85(1) of Constitution – application for leave – whether validity of decision of Supreme Court in case involving non-constitutional matter can be challenged on ground that it has infringed a fundamental right or freedom enshrined in Declaration of Rights

Court – Constitutional Court – direct access under s 85(1) of Constitution – requirements – making an allegation of infringement of a fundamental right per se not sufficient – applicant must also show that it is in interests of justice and that he or she has prospects of success on constitutional question raised

Practice and procedure – doctrine of stare decisis – nature and scope of – doctrine an integral component of the rule of law

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