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CC
IN THE CONSTITUTIONAL COURT OF ZIMBABWE
Constitutional Application CCZ No. 08 of 15
In the matter between:
THE PROSECUTOR GENERAL OF ZIMBABWE ON TIIE QUESTION OF HIS
CONSTITUTIONAL INDEPENDENCE AND PROTECTION FROM TIIE
DIRECTION AI\[D CONTROL OF AI{YONE
Constitutional Court Application.
HARARE:
Wednesday the 28th day of October, 2015
Before
the Honourable
the Honourable
the Honourable
the Honourable
the Honourable
the Honourable
the Honourable
the Honourable
the Honourable
and
Mr Justice Chidyausiku, CJ
Mrs Justic e Ziyambi, JCC
Mrs Justice Gwaunz4 JCC
Mr Justice Garwe,
JCC
Mrs Justice Gowora, JCC
Mr Justice Hlatshwayo,
Mr Justice Patel, JCC
JCC
Mrs Justice Mavangira, JCC
Mr Justice Uchena,
JCC
T. Mpofu & ,S. Hashiti, for the applicant
T. Mafukidze & D.T. Hofisi, l" Amicus curiae
C. Warara,
2nd
Amicus Curiae
WHEREUPON, after reading documents filed of record and hearing counsel,
IT IS ORDERED THAT:.
l.
2.
3.
4.
5.
That the application be and is hereby dismissed with costs on a legal practitioner
and client scale in favour of both amicus curiae.
It is apparent from the record ofthese proceedings that orders were issued by the
High Court in case Number HC 10203/12 andby the Supreme Court in Judgment
No. SC l/14 which was confirmed by this Court in case Number CCZS/14.
It is also apparent that the applicant has disobeyed those orders in clear
contravention of s 164(3) of the Constitution.
In terms of s 165(l)(c) of the Constitution of Zimbabwe, this Court is obligated to
uphold the rule of law and to make such orders as are necessary to achieve that
purpose in accordance with its inherent jurisdiction.
It is accordingly ordered that:-
(i)
The applicant is committed to imprisonment for a period of 30 days the
whole of which is suspended on condition that the applicant complies with
the above orders of the High Court and the Supreme Court by issuing the
requisite certificates nolle proseqzi within 10 days of the date of this order.
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