Const . App li Cation No. CCZ 50/15 The Constitution as the mother of all laws encompasses all other laws with the ... . I :>....._,.... \ ...... ; ......_..... result that every legal contest has some constitutional implications. If all such cases were to be taken to this court it would be overwhelmed to the extent of being dysfunctional. The existence of other courts and administrative authorities would be rendered nugatory. Th is brings me to the doctrine of ripeness and constitutional avoidance. Whether or not the constitutional issues raised are ripe for determination by the constitutional Court. Zimbabwe operates a self-correcting hierarchical judicial system where in the ordinary run of things cases start from the lower courts progressing to the highest court of the land . Generally speaking higher courts are loathe to intervene in unterminated proceedings within the jurisdiction of the lower 9ourts, tribunals or administrative authorities. In the recent case of Munyaradzi Chikusvu v Magistrate Mahwe HH- 100- 15, the High Court had occasion to observe that: ~'It is trite that judges are always hesitant and un\villing to interfere picmaturely w·ith proceedings in the inferior courts and tribunals. In the ordinary run of things, inferior courts and tribunals should be left to complete their proceedings with the superior courts only coming in when everything is said and done" In Masedza & Ors v Magistrate Rusape & Anor 1998 (l) ZLR 36 DEVITTIE J observed that a higher cou1i will intervene in unterminated proceedings of a lower comi: "only if the irregularity is gross and if the wrong decision will seriously prejudice the rights of the litigant or the irregularity is such that justice might not by other means be attained ." Although the above judicial pronouncements were made by the High Court on review, they are equally relevant to this Court's criteria for intervention in unterminated proceedings before lower comis, tribunals and administrative authorities. Those sentiments find expression in the words of GUBBA Y CJ in the leading case of Catholic Commission for ... '

Select target paragraph3