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. For this reason, public office bearers ignore their constitutional obligations at their own peril. Left unchecked those clothed with state authority or public power may quite often find the temptation to abuse such powers irresistible, as Lord Acton1 famously remarked: “Power tends to corrupt, and absolute power corrupts absolutely!”

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