Search Search
Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *

CHIHAVA & ORS v PRINCIPAL MAGISTRATE & ANOR 2015 (2) ZLR 31 (S)

Citation

2015 (2) ZLR 31 (S)

Case No

Judgment No. CCZ-6-15

Court

Supreme Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo and Guvava JJCC and Chiweshe AJCC

Heard

11 June 2014

Judgment

15 July 2015

Counsel

P Mangwana, for the first, second and third applicants
S Fero, for the first and second respondents

Case Type

Opposed application

Annotations

Flynote

Constitutional law – application to Constitutional Court – in terms of section 85(1) of the Constitution during the course of proceedings in the Magistrates' Court – whether such application is proper without a referral in terms of section 175(4) of the Constitution – a referral under section 175(4) being mandatory whenever a constitutional issue arises during proceedings in a lower court.

Constitutional law – principles of constitutional interpretation – such principles being additional to the general rules of interpretation of statutes – appropriateness of a generous and purposive interpretation.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.