Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
that she received a petition from Harare residents concerning the violent intimidation at
the public hearings and requesting that they be allowed to air their views on the Bill. She
duly presented this petition to the Speaker, but Parliament proceeded with the passage of
the Bill despite this protest.
As regards the alleged violation of s 278(2) of the Constitution, the
applicants aver that the amendments effected by Act No. 8 of 2016 to the relevant
provisions of the Rural District Councils Act [Chapter 29:13] and the Urban Councils
Act [Chapter 29:15] create tribunals whose members are beholden to the Minister.
Moreover, the procedures for their operation are not conducive to their independence as
required by the Constitution.
The order sought by the applicants seeks various declarators and
consequential relief. In particular, they seek a declarator that the respondents failed in
their constitutional obligations in the enactment of Act No. 8 of 2016. Accordingly, the
Act was not lawfully enacted and is therefore invalid and of no force or effect.
Alternatively, they pray for a declarator that the amended sections of the Rural District
Councils Act and the Urban Councils Act relative to the tribunals are inconsistent with s
278(2) of the Constitution and are therefore invalid and of no force or effect. The
applicants also claim costs against all the respondents.
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