- INNOCENT GONESE (2) JESSIE MAJOME
- PRESIDENT OF ZIMBABWE (2) PARLIAMENT OF ZIMBABWE (3) MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS AND NATIONAL HOUSING N.O.
CONSTITUTIONAL COURT OF ZIMBABWE
GWAUNZA JCC, GARWE JCC, GOWORA JCC,
HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC,
MAVANGIRA JCC, UCHENA JCC & BHUNU JCC
HARARE, 14 FEBRUARY & 31 OCTOBER 2018
L. Madhuku, for the applicants
M. Chimombe for the 1st & 3rd respondents
L. Uriri, for the 2nd respondent
PATEL JCC: This is an application in terms of s 167(2)(d) of the Constitution of Zimbabwe for the Court to determine whether Parliament or the President has failed to fulfil a constitutional obligation. The applicants aver that the respondents have failed to do so in respect of the presentation and passage of the Local Government Amendment Act No. 8 of 2016 in Parliament. It is further averred that presenting and passing a Bill in contravention of the Constitution amounts to a failure to fulfil a constitutional obligation.
The applicants contend that Act No. 8 of 2016 was passed and assented to contrary to the procedure sanctioned under the Constitution for the enactment of Bills. Furthermore, they contend that Act No. 8 of 2016 does not provide for the establishment of independent tribunals as enjoined by s 278(2) of the Constitution. The bodies created under the Act are subject to the whims of the third respondent (the Minister). This again constitutes a serious failure on the part of Parliament and the President to fulfil a constitutional obligation.
The applicants have approached this Court under s 85(1) of the Constitution in their own interests as citizens of Zimbabwe and as members of Parliament and of the Parliamentary Legal Committee (the PLC). They aver on this basis that their locus standi is beyond dispute.