Judgment No. CCZ 6/2016 5
Const. Application No CCZ 28/14
Article 56(1) of the Constitution in so far as it protects the applicant but also denigrating the
supremacy of the Constitution.” At p 7 of the application he avers:
“In any event, to the extent that Provincial governance as covered by Chapter 14 (of
the Constitution) is a right and expectation given to me and other citizens by law, the
respondents by their inaction, are denying me equal protection and benefit of the law.
This therefore means that their inactions are in breach of my constitutional right to
equal protection and benefit of the law as defined by s 56(1) of the Constitution of
Zimbabwe.
I would therefore pray that this honourable court must respectfully compel the
respondents to respect my right covered under 56(1) of the Constitution, by obliging
the same to gazette and bring before Parliament a Bill as covered by the aforesaid
sections 267 and 273(1) of the Constitution of Zimbabwe. This is the second leg and
basis of my constitutional application to this Honourable Court”.
[7] In terms of s 85 of the Constitution certain persons may approach a court directly for the
vindication of a fundamental right allegedly infringed or likely to be infringed. It provides as
follows:
“85 Enforcement of fundamental human rights and freedoms
(1)
Any of the following persons, namely:
(a)
any person acting in their own interests;
(b)
any person acting on behalf of another person who cannot act for
themselves;
(c)
any person acting as a member, or in the interests, of a group or class
of persons;
(d)
any person acting in the public interest;
(e)
any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined
in this Chapter has been, is being or is likely to be infringed, and the court may grant
appropriate relief, including a declaration of rights and an award of compensation.
(2)
The fact that a person has contravened a law does not debar them from
approaching a court for relief under subsection (1).