Judgment No. CCZ 6/2016 3
Const. Application No CCZ 28/14
hurriedly placed before Parliament and that he is still in the process of carrying out the
necessary consultations with the various entities as prescribed by s 267 (2) (b) of the
Constitution.
The respondents also contend that the applicant has not, save for a mere statement alleging an
infringement of his right conferred by s 56 (1) of the Constitution, to equal protection and
benefit of the law, demonstrated how that right has been infringed by the respondents. Nor
has the applicant adduced any evidence to substantiate his allegation that “the State is
limping” because there are no metropolitan and provincial councils as provided for in s5 of
the Constitution.
It is further contended by the respondents that the second respondent’s responsibility for
bringing legislation before Parliament extends only to those matters which fall under his
portfolio and that the bill envisaged by s 267 is not one of those matters.
In any event, so averred the respondents, a reasonable period was required within which to
produce the legislation in question and it could not be hurried through within the period of 45
days suggested by the applicant. It was submitted that the application was devoid of merit
and ought to be dismissed with costs.
LOCUS STANDI
[4] The applicant states his standing to bring this application as follows:
”9.1 I believe that as an ordinary citizen and more importantly as a Member of
Parliament, I have a right to bring this application before this Honourable Court.
The issue of devolution is key and central in the part of the country I come from
and in the Constituency I represent. I was chosen to represent my Constituency
which expects me to serve in the Bulawayo Metropolitan Council and represent
their interests. I want to serve in this important institution so that it can perform
and execute its developmental roles as defined by the Constitution.
9.2 Moreover, I believe that any citizen has and should have a general right to bring
any application before this Honourable Court where the government of the day
or any other Constitutional body is disobeying or disrespecting or not enforcing