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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