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MPOFU v ZIMBABWE ENERGY REGULATORY AUTHORITY & ORS 2020 (2) ZLR 619 (CC)

2020 (2) ZLR p619

Citation

2020 (2) ZLR 619 (CC)

Case No

Judgment No. CC-13-20

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Ziyambi JCC, Gwaunza JCC, Garwe JCC, Gowora
JCC, Hlatshwayo JCC, Patel JCC, Guvava JCC & Mavangira JCC

Heard

5 November 2014

Judgment

23 September 2020

Counsel

L T Biti, for the applicant
Mr Tsivanga, for the first respondent
Mr Dodo, for the second respondent
F Girach with A P de Bourbon SC, for the third respondent

Case Type

Application for direct access to Constitutional Court

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – enforcement of – application may be brought only in respect of fundamental rights set out in Declaration of Rights – rights pertaining to freedom of choice or freedom of fairness – not contained in Declaration of Rights

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – enforcement of – direct access to Constitutional Court under s 167 – requirements before access may be granted

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – enforcement of – locus standi – bringing application on one's own behalf or in public interest (s 85(1)) – need for applicant to show that fundamental right set out in Declaration of Rights was infringed

Constitutional law – interpretation of Constitution – generous and purposive approach – limits to – does not allow for additions to Constitution

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