members of the public. In a statement by the Chief Police spokesperson, Assistant
Commissioner Charity Charamba, the police and other security agents were at high alert
to ensure that peace is maintained as the court case ensued. According to a statement
by the Zimbabwe Republic Police, some roads within the vicinity of the Constitutional
Court were closed from 22nd to 23rd August, namely: Sam Nujoma/Selous; Samora
Machel/Sam Nujoma; Samora Machel/Simon Muzenda.
7. Dispute Resolution
a) Constitutional Court
The Constitutional Court of Zimbabwe (ConCourt) is the highest court of appeal on all
matters that deal with the constitution. It is the court that also deals with electoral
related disputes. In that regards, all rulings and judgements made in that court are
binding and therefore cannot be reversed. While the High Court and Supreme Court can
deliberate and rule on the unconstitutionality of cases brought before them, the ruling
can only be effective upon confirmation by the Constitutional Court. Established under
Section 66 of the Zimbabwe 2013 constitution, the Court is composed of the Chief
Justice, the Deputy Chief Justice and seven other judges of the Supreme Court to make a
full bench of nine (9) judges. The Chief Justice appoints judges of the Constitutional
Court in consultation with the Judiciary Service Commission.
The Constitutional Court deals with the following cases:
(i)
(ii)
Cases concerning infringements of fundamental rights in line with Chapter 4 of
the constitution and;
Cases dealing with grievances concerning the election of the Head of
State/President and Deputy President of the country.
In terms of jurisdiction, the constitutional court may among others:
(a) Advise on constitutionality of any proposed legislation;
(b) Hearing of whether a person qualified to hold the office of President or deputy
President of the country;
(c) Presides over disputes on elections of President/Vice President and;
(d) To determine whether the Parliament or the country’s President acted against
the constitution.
b) Petition of the MDC Alliance at the Constitutional Court
In accordance with Section 93 of the Zimbabwe Constitution which provides any
aggrieved candidate to seek recourse through the courts of law and also in line with the
Section 167 of Electoral Act, the Movement for Democratic Change Alliance (MDC) on the
10th of August, 2018 filed a petition to the Constitutional Court challenging the results of
the Presidential Elections. The Zimbabwe Election Commission (ZEC) and President
Emmerson Mnangagwa were cited as respondents to the court case. Both the ZEC and
President Elect, Mnangagwa submitted their responses to the petition.
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