Founding Affidavit in Chironga & Another v Minister of Justice & 3 Others

I, HILTON CHIRONGA do hereby make oath and state that:-

I am the Applicant herein. I am a Zimbabwean citizen currently residing in Mashonaland Central Province.   The facts I depose hereto are fully within my knowledge and to the best of my belief true and correct. My address for service is care of my undersigned legal practitioners of record.

The Second Applicant is Rashid Stuart Mahiya.  He is a human rights activist residing in Harare and brings this application in his own individual right.

THE ACTORS

The First Respondent is the Minister for Justice Legal and Parliamentary Affairs being a Cabinet Minister duly appointed by the President of the Republic of Zimbabwe in terms of Section 104 of the Constitution of Zimbabwe and responsible for overseeing the Constitution of the country.  He is cited as such as the Minister responsible for the Constitution, Bills and other legal matters on behalf of the Government.

The Second Respondent is the Government of Republic of Zimbabwe, a body duly set up as defined in the Constitution of Zimbabwe.  Its address of service for the purpose of this action will be Block B, 6th Floor, New Government Complex, Harare

THE CAUSE OF ACTION

In terms of Section 210 of the Constitution of Zimbabwe, an Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from the members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.

The Constitution of Zimbabwe became law in May 2013 following a Referendum held on the 15th of March 2013.  When the President signed the same on the 15th of May 2013, part of the new Constitution became operative which the remainder of the document become operational in August of 2010 following the swearing in of the President of Zimbabwe.

More than two years after the passing of the Constitution, the executive, has not complied with the Constitution by bringing into existence the Act of Parliament, defined in Section 210 of the Constitution of Zimbabwe.  Section 324 says that all constitutional obligations must be performed diligently and without delay.

The failure by the executive and indeed the Respondents to bring the law envisaged in Section 210 of the Constitution of Zimbabwe is a breach of Section 324 of the Constitution of Zimbabwe

Further to the extent that as a Zimbabwean, I am entitled to full protection of the Constitution and its laws and at the present moment I am being denied, protection of the law provided for in terms of Section 210, I contend that the Respondents’ actions are a breach of my constitutional rights as protected by Section 56 (1) of the Constitution of Zimbabwe.

Tags: 

Download File: