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