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MUJURU v THE PRESIDENT & ORS 2018 (1) ZLR 93 (CC)

2018 (1) ZLR p93

Citation

2018 (1) ZLR 93 (CC)

Case No

Judgment No. CC-8-18

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Gwaunza JCC, Garwe JCC,Hlatshwayo JCC, Patel JCC, Guvava JCC, Mavangira JCC& Uchena JCC

Heard

Judgment

15 February 2018

Counsel

L Madhuku, for the applicant
F Chimbaru, for the first, third and sixth respondents
S J Chihambakwe, for the second respondent
T Mpofu, for the fourth and fifth respondents

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Constitutional Court – approach to – challenge to constitutionality of legislation – how challenge to be brought – need to allege breach of Declaration of Rights – allegation that President or Parliament in breach of constitutional obligations – need to show what obligations are breached

Costs – constitutional matter – courts' general approach not to discourage constitutional litigation – no rule preventing award of costs against unsuccessful applicant – litigants not free to pursue spurious constitutional challenges

Interpretation of statutes – presumptions – constitutionality and validity – need for legislation to be obeyed until declared invalid or unconstitutional

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