3
S.C. 128\02
(b)
Section 6
(c)
Section 8(1) and (2) and 22(2)
(d)
Section 8(5)
(e)
Section 9(1),(2) and (3)
(f)
Section 11(1) in conjunction with para 9(1)(b) and (c) of the Fifth
Schedule
(g)
Section 11(4)
(h)
Section 12(1)(f), (2) and (3)
(i)
Sections 15 and 16
The challenge to sections 2, 3 and 4 of the Fifth Schedule was
withdrawn during the proceedings.
In essence the applicant’s case is that the impugned provisions
contravene section 20 of the Constitution of Zimbabwe.
The application is being
brought in terms of section 24 of the Constitution. Section 24(1) of the Constitution
confers locus standi only on an applicant who alleges that the declaration of rights
has been, is being, or is likely to be, contravened in relation to the applicant. Section
24(1) provides as follows:-
“24(1) If any person alleges that the Declaration of Rights has been, is being
or is likely to be contravened in relation to him (or, in the case of a
person who is detained, if any other person alleges such a
contravention in relation to the detained person), then, without
prejudice to any other action with respect to the same matter which is
lawfully available, that person (or that other person) may, subject to
the provisions of subsection (3), apply to the Supreme Court for
redress.”