Judgment No. CCZ 6/2016 1
Const. Application No CCZ 28/14
REPORTABLE (4)
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SAMUEL
SIPEPA NKOMO
v
(1) MINISTER
OF LOCAL
GOVERNMENT,
RURAL & URBAN
DEVELOPMENT (2) MINISTER OF JUSTICE, LEGAL &
PARLIAMENTARY AFFAIRS (3) THE GOVERNMENT OF
REPUBLIC OF ZIMBABWE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC,
GARWE JCC, GOWORA JCC, HLATSHWAYO JCC,
PATEL JCC, GUVAVA JCC & MAVANGIRA AJCC
HARARE, JUNE 17, 2015 & JUNE 29, 2016
T Biti, for the applicant
M Chimombe, for the respondents
ZIYAMBI JCC:
[1] By reason of an allegation by the applicant of a breach of his fundamental right enshrined
in s 56(1) of the Constitution, this application gained direct access to the Constitutional Court
(“the Court”) through the front door, which is s 85 (1) of the Constitution of Zimbabwe
Amendment (No. 20) Act 2013 (“the Constitution”).
THE APPLICATION
[2] The applicant averred that he is a Member of Parliament for Lobengula Constituency in
Bulawayo (having been so elected in the harmonised elections held on 31 July 2013) and
residing in Bulawayo. He charges the respondents, and in particular the first respondent who
is the Minister responsible for issues of local Government, with a violation of s 267 of the