Judgment No. CCZ 6/2016 11
Const. Application No CCZ 28/14
the Constitution for the devolution of power to the authorities listed therein. Consequently it
can safely be said that s 264 contemplates that compliance with its dictates be effected within
a reasonable time.
[15] The applicant maintained that the process required little time and indeed 45 days was
suggested as the time within which the enactment should be gazetted and placed before
Parliament for consideration. However, on behalf of the respondents it was submitted that
work is taking place on the proposed bill and that included consultations with various
stakeholders especially those mentioned in s 267. It was submitted that an enactment of this
nature could not be hurriedly done in the time suggested by the applicant.
DISPOSITION
[16] According to the applicant, although the Constitution was signed into law by the
President of Zimbabwe on 15 May 2013, the full document only ‘became law after the
general election of 31 July 2013 on 1 August 2013’. This application was brought on 25
March, 2014 less than 12 months after the coming into effect of the Constitution. No
evidence on which the issue of reasonableness could be determined was placed before the
Court in the applicant’s founding affidavit. The Court would, therefore, have been unable
because of the lack of evidence before it, to make a decision on whether or not the
respondents had failed within a reasonable time to enact the legislation referred to in s 267
and the applicant would, for the same reason, have failed to establish an infringement of a
clear right entitling him to a mandamus.
[17] It follows from the above that the application is totally devoid of merit. However, in
keeping with the general practice not to award costs in constitutional matters, no award of
costs is made.