Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
REPORTABLE
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(8)
INNOCENT
GONESE (2) JESSIE MAJOME
v
(1) PRESIDENT OF ZIMBABWE (2) PARLIAMENT OF
ZIMBABWE (3) MINISTER OF LOCAL GOVERNMENT
AND PUBLIC WORKS AND NATIONAL HOUSING N.O.
CONSTITUTIONAL COURT OF ZIMBABWE
GWAUNZA JCC, GARWE JCC, GOWORA JCC,
HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC,
MAVANGIRA JCC, UCHENA JCC & BHUNU JCC
HARARE, 14 FEBRUARY & 31 OCTOBER 2018
L. Madhuku, for the applicants
M. Chimombe for the 1st & 3rd respondents
L. Uriri, for the 2nd respondent
PATEL JCC:
Constitution
This is an application in terms of s 167(2)(d) of the
of Zimbabwe for the Court to determine whether Parliament or the
President has failed to fulfil a constitutional obligation. The applicants aver that the
respondents have failed to do so in respect of the presentation and passage of the Local
Government Amendment Act No. 8 of 2016 in Parliament. It is further averred that
presenting and passing a Bill in contravention of the Constitution amounts to a failure to
fulfil a constitutional obligation.
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