constitution

Veritas Model Bills Implementing s 210 of Constitution

On 23rd September 2020 the Constitutional Court issued a court order giving the Government 45 days within which to produce a Bill for an Act to implement section 210 of the Constitution.  Section 210 states that an Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from 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 order was given in the case of Chironga and Mahiya v Minister of

Constitution Watch 10/2020 - Con Court Orders Implementation of section 210 of Constitution

CONSTITUTION WATCH 10/2020

[24th September 2020]

Court Case to Compel Implementation of Section 210 of Constitution

Success At Last

Section 210 of the Constitution states:

“An Act of Parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct.”

CCZ-14 Chironga & Another v Minister of Justice, Legal & Parliamentary Affairs & Others CCZ 14/20

HLATSHWAYO JCC: One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act, 2013 (“the Constitution”) adopted the rule of law and supremacy of the Constitution as some of the core founding values and principles of our constitutional democracy.

HH 605-2019 Mlilo v Minister of Finance & Economic Development - Judgment by Zhou J invalidating SI 205/2019 re Intermediated Money Transfer Tax as unconstitutional - 18 September 2019

In this important judgment Justice Zhou decided that both SI 205/2018 [changing the rate and incidence of the Intermediated Money Transfer Tax] and the policy decision it gave effect to [as stated in the Minister's Supplementary Budget Presentation on 1st August 2019] were inconsistent with the Constitution and therefore void of legal effect.  He cited inconsistency with section of the Constitution 134(a) - which bars Parliament from delegating its primary law-making power - and the constitutional principle of Separation of Powers.

Maintenance of Peace and Order Bill - Adverse Report by Parliamentary Legal Committee

On 24th July in the National Assembly the Deputy Speaker announced the receipt of the Parliamentary Legal Committee's adverse report on the Maintenance of Peace and Order Bill.   The Committee had been considering the Bill since its First Reading in the National Assembly on 9th May. 

The opening paragraphs of the report are as follows:

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