Judgment No CCZ 2/14 18 Const. Application No CCZ 78/12 and Reform) Act [Cap 9:23] should not be declared to be in contravention of s 20(1) of the former Constitution. The Registrar is directed to set the matter down for hearing on the earliest available date. In considering his position in light of this judgment, the Minister’s attention is drawn to the observations made by this Court in Chimakure & Others v Attorney-General of Zimbabwe Case No. CCZ 247/09 as to what is ordinarily expected in any Executive response to a rule nisi issued in terms of s 24(5). Thus, if the Minister intends to oppose the confirmation of the rule nisi, he is enjoined to canvass new facts and legal arguments rather than recapitulate those that have already been traversed and, in keeping with the intention behind s 24(5), to focus his submissions on the critical question of whether or not the impugned provision is reasonably justifiable in a democratic society. CHIDYAUSIKU CJ: I agree. MALABA DCJ: I agree. ZIYAMBI JA: I agree. GWAUNZA JA: I agree. GARWE JA: I agree.

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