Judgment No. CCZ 10 /2015 3
Const. Application No. 8/2014
Uriri, the amicus curiae was allowed to briefly address the court. He emphasised the need for
parties wishing to apply directly to the Constitutional Court, to do so only upon establishing a
proper basis for such an approach. This would insulate the court against a potential flood of
undeserving cases at the instance of parties who may be disgruntled at decisions of lower
courts, including the Supreme Court.
Even though this matter was not heard on the merits, I consider it necessary
nevertheless to set out the backdrop to the order that the court issued. This necessitates a
cursory look at some of the papers presented before the court.
The applicant aptly summarised the background to this application as follows
in its heads of argument;
“1.
On 28 January 2014 the Supreme Court handed down its judgment in the matter
of Telecel Zimbabwe (Pvt) Ltd v Attorney General SC 1/2014. The judgment
directed and ordered the Attorney general (as he then was) to issue a certificate
Nolle Prosequi to Telecel Zimbabwe (Pvt) Ltd. Dissatisfied with the judgment
the applicant approached the Constitutional Court for an order setting aside the
Supreme Court judgment on the basis that same (sic) interferes with the
independence of his office and as such it is ultra vires provisions of s 260 of the
Constitution of Zimbabwe.”
Section 260 of the Constitution provides as follows:“260 Independence of Prosecutor General
(1)
Subject to this Constitution, the Prosecutor General(a)
is independent and is not subject to the direction or control of anyone
and
(b)
must exercise his or her functions impartially and without fear, favour,
prejudice or bias.
(2)
The Prosecutor-General must formulate and publicly disclose the general
principles by which he or she decides whether and how to institute criminal
proceedings.”