Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
seems to me that the most appropriate forum for this purpose would be the High Court,
acting in terms of its own Rules.
Disposition
In terms of r 5(1)(b) of the Constitutional Court Rules 2016, this Court
may give such directions as to procedure, in respect of any matter not expressly provided
for in the Rules, as appear to it to be just and expedient. Furthermore, and more
particularly, r 6 empowers this Court to refer to the Judge President of the High Court
any allegations that require further investigation, in which event the Judge President shall
arrange for a judge of that court to conduct a hearing within a specified period and
thereafter to report back to this Court. In the instant case, it is just and expedient that the
material disputes of fact concerning the conduct of the public hearings in question be
referred to the High Court for that court to investigate the matter and thereafter to submit
its findings to this Court.
It is accordingly ordered as follows:
1. The following question be and is hereby referred to the Judge President of the
High Court for investigation and determination:
Whether the public hearings undertaken by the parliamentary Local
Government and Rural Development Portfolio Committee in Harare
Province during June 2016, in respect of the Local Government Laws
Amendment Bill 2016, were conducted in such manner and in such
circumstances as to enable members of the public attending those
hearings to reasonably and adequately express their views on the
provisions of the aforesaid Bill.
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