Judgment No. CCZ 6/2016 2
Const. Application No CCZ 28/14
Constitution. This is because of their alleged failure to bring about the enactment of such an
Act of Parliament as would give effect to the provisions of Chapters 21 and 142 of the
Constitution of Zimbabwe thus bringing into operation devolution in Zimbabwe.
He alleges that the failure of the respondents, since 1 August 2013 when the full Constitution
took effect, to bring a draft Bill before Parliament for enactment constitutes a breach of ss 23
and 54 of the Constitution. He therefore seeks the following relief:
“IT IS ORDERED THAT:
1. The respondents’ failure, to enact the law covered and as envisaged in Chapter 14
of the Constitution, in particular Sections 267 (2), 273 (4) and 270 (2) of the
Constitution of Zimbabwe, is a breach of the Constitution of Zimbabwe.
2. The failure by the respondents, to enact the laws necessary to operationalize
Chapter 14 in so far as it relates to Provincial Governance is a violation of the
applicant’s right to equal protection and benefit of the law as defined by Article
56 (1) of the Constitution.
3. The respondents must bring before Parliament such a Bill or Bills as covered by
Sections 273 (4), 267 (2) and Section 270 (2) of the Constitution of Zimbabwe
within 45 days from the date of issuance of this order by the Court.
4. That respondents jointly and severally each paying the other to be absolved pays
costs of suit.”
I note here that s 273(4) does not exist. Section 273 in subs (1) and (2) makes provision
relating to the establishment and functions of provincial and metropolitan councils and for the
filling of vacancies therein.
[3] The application is opposed by the respondents. The first respondent denied any neglect in
bringing the Bill before Parliament. He annexed to his opposing affidavit a draft Bill which
he termed a working draft. He explained that legislation of such importance cannot be
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Which sets out the national objectives.
Which deals with devolution and setting up of provincial governance
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Which renders conduct inconsistent with the Constitution invalid to the extent of the inconsistency
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This section defines the tiers of Government in Zimbabwe, one of them being Provincial and Metropolitan
Councils.
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