r 58. In any event, in terms of Section 167 (3), only the Constitutional Court makes the final decision whether an Act of Parliament, is constitutional. In casu two Acts of Parliament are being challenged. Therefore the Applicants have no choice but to approach this Court directly. 59. In simple terms, the Respondents' submissions on tocus standi are ill, informed and totally naked and oblivious of any understanding of the provisions of the new Constitution and developments elsewhere dealing with the almost unfettered right of individuals to approach the Constitutional Court. E. THE MERITS (EA) CONSTITUTIONAL PROTECTION OF CHILDREN 60. In paragraph 32 record 10 of the papers, the First Applicant makes the following statement:, "In this Court AppUcation, I therefore seek to protect the rights of children, in particutar girt children, who are being subjected to the vagaries of early marriages before eighteen ( 18) years." 61. It is not the function of another little girl, to protect the rights of other children. The rights of other children ought to be protected by the State and in particular the Courts as they are upper guardian of our minor children. 62. In this regard Section 81 of the Constitution of Zimbabwe reads as follows:, Page 22 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared by Tendai Biti Law

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