Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
question and is manifestly within the exclusive jurisdiction of this Court under
section 167(4)(e) of the Constitution.” [at para 28]
I now turn to the relevant provisions of the Constitution of Zimbabwe.
Section 139(1) deals with the regulation of the proceedings of the Senate and the National
Assembly by rules known as Standing Orders. In terms of s 139(2):
“Standing Orders may provide for—
(a) the passing of Bills;
(b) ….;
(c) ….;
(d) ….;
(e) ….;
(f) ….; and
(g) generally, the regulation and orderly conduct of business and
proceedings in and between the Houses.”
The broad objectives of Standing Orders are lucidly spelt out in s 139(3)
as follows:
“The procedures and processes of Parliament and its committees, as provided for
in Standing Orders, must promote transparency, must encourage the involvement
of members of all political parties in Parliament and the public, and must be fair
and just.”
Section 141 of the Constitution makes provision for public access to and
involvement in Parliament. It declares that:
“Parliament must—
(a) facilitate public involvement in its legislative and other processes and in the
processes of its committees;
(b) ensure that interested parties are consulted about Bills being considered by
Parliament, unless such consultation is inappropriate or impracticable; and
(c) conduct its business in a transparent manner and hold its sittings, and those of
its committees, in public, though measures may be taken—
(i) to preserve order in parliamentary proceedings;
(ii) to regulate public access, including access of the media, to Parliament
and its committees;
(iii) to exclude the public, including the media, from sittings of
committees; and
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