General 1993 (1) ZLR 242 (SC); Zara v Principal of Belvedere
Technical College & Another 1997 (2) ZLR 508; Mandizvidza v
Chaduka NO & Others 1990 (2) ZLR 375; Nyambirai v
National Social Security Authority & Another 1995 (2) ZLR 1
(S).
46.
Counsel has had occasion to study the Mawarire judgment, and
the Heads of Argument that were presented by Counsel in those
matters.
Counsel
Regrettably, none of the heads of Argument filed by
addressed,
interpretation.
the
question
of
Constitutional
Only the heads filed by Counsel for the Third
Respondent, Mr T abani Mpofu, had a casual reference to
statutory interpretation. Unfortunately that was only restricted
to Fieldsend CJ' s judgment in the Hewlett matter referred to
above. Counsel has no doubt that it is now time that this court,
fully addresses itself on the key question of Constitutional
interpretation.
4 7.
In short it is submitted that a broad generous purposive
interpretation ought to be applied.
LOCUS STANDI
48.
The Respondents take a very deem v1ew of the issue of
Constitutional locus standi which even in the old position of teh
repealed Constitution this Court had already rejected.
49.
The old common law principles required that for an individual to have
locus standi he should show some legitimate interest in the matter.
Page 19 of 46
Applicant's Heads of Argument in the matter between:
Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biti Law
Select target paragraph3
Add to table of contents