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KHUPE & ANOR v PARLIAMENT OF ZIMBABWE & ORS 2019 (3) ZLR 915 (CC)

2019 (3) ZLR p915

Citation

2019 (3) ZLR 915 (CC)

Case No

Judgment No. CC-20-19

Court

Constitutional Court, Harare

Judge

Malaba CJ, Gwaunza DCJ, Garwe JCC, Makarau JCC, Gowora JCC,
Hlatshwayo JCC, Patel JCC, Guvava JCC & Makoni JCC

Heard

30 May 2018; 17 October 2018

Judgment

6 November 2019

Counsel

L Madhuku, for the applicants
T Mpofu, with him A Demo, for the first & second respondents
S M Hashiti, with him T Zhuwarara, for the third respondent

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Parliament – tenure of parliamentary seat – challenge to recall from Parliament – life of Parliament having lapsed at conclusion of matter – doctrine of mootness in constitutional litigation – circumstances in which court may decline jurisdiction – court refusing to hear matter on merits as the remedy sought had been overtaken by events

Court – Constitutional Court – hearing of matter by – when court may decline to hear matter – doctrine of mootness in constitutional matters – remedy having been overtaken by events

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