Judgment No. CCZ 10/2018 Const. Application No. CCZ 80/2016 72(1)(a). Participation is the end to be achieved. To hold otherwise would be contrary to the participative nature of our democracy and the Constitution’s commitment to the principles of accountability, responsiveness and openness. Parliament and all nine provinces therefore, in my view, properly conceded that the duty to facilitate public involvement contemplates public participation in the lawmaking process.” [at para 141] “In the end, however, the duty to facilitate public involvement will often require Parliament and the provincial legislatures to provide citizens with a meaningful opportunity to be heard in the making of the laws that will govern them. Our Constitution demands no less.” [at para 145] In her founding affidavit, the second applicant refers to several instances of violent disruption of the public hearings conducted in Harare Province. These allegations have been cursorily traversed but not adequately refuted by the respondents. Counsel for the second respondent quite correctly concedes that there is a dispute of fact as to what transpired and that the question to be determined cannot be answered on the facts availed. In any event, as I have indicated, there is no report from Parliament or any of its committees on the findings, if any, of the investigations that were declared would be undertaken in due course. This was, in my view, a critical omission. In that regard, I am inclined to agree with Mr Madhuku that, once the Speaker had received and accepted the report from the second applicant, Parliament should not have proceeded with the Bill but should have awaited the findings of its own investigations. What emerges from the foregoing is that there are material disputes of fact pertaining to the conduct of the public hearings carried out in Harare Province. These disputes are irresoluble on the papers before the Court and need to be determined by way of viva voce and other relevant evidence before a court of competent jurisdiction. It DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. 21