CCZ 06-16 - SAMUEL SIPEPA NKOMO vs MINISTER OF LOCAL GOVERNMENT, RURAL & URBAN DEVELOPMENT & 2 ORS

SAMUEL      SIPEPA     NKOMO

v

(1) MINISTER      OF      LOCAL      GOVERNMENT,      RURAL     &     URBAN     DEVELOPMENT

(2) MINISTER     OF     JUSTICE,     LEGAL     &     PARLIAMENTARY     AFFAIRS

(3)     THE     GOVERNMENT     OF     REPUBLIC     OF     ZIMBABWE

 

 

CONSTITUTIONAL COURT OF ZIMBABWE

CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC,

GARWE JCC, GOWORA JCC, HLATSHWAYO JCC,

PATEL JCC, GUVAVA JCC & MAVANGIRA AJCC

HARARE, JUNE 17, 2015 & JUNE 29, 2016

T Biti, for the applicant

M Chimombe, for the respondents

ZIYAMBI JCC:

[1] By reason of an allegation by the applicant of a breach of his fundamental right enshrined in s 56(1) of the Constitution, this application gained direct access to the Constitutional Court (“the Court”) through the front door, which is  s 85 (1) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”).

THE APPLICATION

[2] The applicant averred that he is a Member of Parliament for Lobengula Constituency in Bulawayo (having been so elected in the harmonised elections held on 31 July 2013) and residing in Bulawayo.  He charges the respondents, and in particular the first respondent who is the Minister responsible for issues of local Government, with a violation of s 267 of the Constitution. This is because of their alleged failure to bring about the enactment of such an Act of Parliament as would give effect to the provisions of Chapters 2[1] and 14[2] of the Constitution of Zimbabwe thus bringing into operation devolution in Zimbabwe.




[1] Which sets out the national objectives.

[2]Which deals with devolution and setting up of provincial governance

 

2016

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SAMUEL SIPEPA NKOMO vs MINISTER OF LOCAL GOVERNMENT, RURAL & URBAN DEVELOPMENT & 2 ORS