Zimbabwe Rule of Law Journal |165
The relief granted by the constitutional court was wide ranging; it was declaratory, mandatory and
supervisory in nature.
Regarding the President the court found that
“... consistent with this constitutional injunction, an order will thus be made that the President’s
failure to comply with the remedial action taken against him by the public protector is inconsistent
with his obligations to uphold, defend and respect the Constitution as the supreme law of the
Republic; to comply with the remedial action taken by the public protector; and the duty to assist
and protect the office of the public protector to ensure its independence, impartiality, dignity and
effectiveness”.17
Regarding the National Assembly the court found that
“... the failure by the National Assembly to hold the President accountable by ensuring that he
complies with the remedial action taken against him, is inconsistent with its obligations to scrutinise
and oversee executive action and to maintain oversight of the exercise of executive powers by the
President. And in particular, to give urgent attention to or intervene by facilitating his compliance
with the remedial action”.18
The order made by the court was definitive and effective because it had the following legal consequences;
• It affirmed that the public protector’s remedial powers were legally binding.
• It affirmed the constitutional courts mandate to declare conduct inconsistent with the constitution
unlawful.
• The supervisory powers of the constitutional court were invoked to ensure that the President pay
back what he owed.
• A structural interdict was imposed requiring that i) the national treasury report back to the court
within 60 days with the amount to be repaid and ii) within 45 days thereafter the President must
17
Paragraph 103
18
Paragraph 104
Select target paragraph3
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