--· Judgment No. CCZ 3/2017 Const. Application No. CCZ 47/15 Const. Application No. CCZ 50/lp ••....._... .. ' i I Justice and Peace in Zimbabwe vA-G & Ors 1993 (1) ZLR 243 (S) at 250G- A, where the learned Chief Justice had this to say; "Clearly it (Supreme Court) has jurisdiction in every type of situation which involves an alleged breach or threatened breach of one of the provisions of the Declaration of Rights and particularly, where there is no other judicial procedure available by which the breach can be prevented. Compare Martin v Attorney-General & Anor 1993 (1) ZLR 153 (S) (My emphasis)." It is implicit in the learned Chief Justice's remarks that where there are other judicial remedies to prevent the breach of fj.mdamental human rights, the Constitutional Court may withhold its jurisdiction. What then distinguishes this case from the Catholic Commission for Justice case is that, in that case, the Supreme Court only intervened at the last moment when all available remedies had been exhausted and all hope lost. The applicants' appeals to the Supreme Court and pleas for presidential pardon and clemency had failed and the date of execution announced. Undoubtedly that case was ripe for the Supreme Court's intervention as the highest cou1i of last resort and final arbiter before execution. The same cannot be said in this case where the applicants still have some alternative remedies at their disposal which I have already enumerated above. I now proceed to consider the efficacy of those alternative remedies. 1. Review The applicants' main bone of contention is that they have been subjected to prolonged inhuman and degrading prison conditions while awaiting execution on death row. The question of prison conditions is an issue which can be properly addressed by recourse to the review powers of the High Court. If the prison conditions and conduct of prison authorities are repugnant to law the High Court can provide a remedy on review in terms of the Administrative Justice Act [Cap. 10:28]. The remedy will ensure that the applicants are _ Ill.

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