8.
The equality and antidiscrimination clause is one of the most
important provisions of the Constitution and therefore this case allows
this Honourable Court to define its own trajectory on the issue of
equality in the same matter that the Indian Supreme Court, the
Canadian Supreme Court and the Federal Supreme Court of the
United States of America and indeed the Constitutional Court of
South Africa have been forced to deal with the same and in the
majority of cases all these Courts have come up with flying colours on
this issue.
9.
However besides the ma1n 1ssues, this Court will have to deal with
certain misconceptions in the Respondents' Opposing Affidavit in
particular on the question of:~
(a) The issue of locus standi;
(b)The stereotype blunt suggestion that they are differences between
boys and girls or men and women which justify with great respect
obnoxio position of the law contained in Section 22 of the Marriages
Act [ChapterS: 11] and of cause the gross omission in the
Customary Marriages Act.
C.
THE SUPREMACY OF THE CONSTITUTION AND THE
INEXTRICABLE COMPONENTS OF SUCH SUPREMACY AS A
STARTING POINT
10.
Section 2 of the Constitution is a defining clause in the Constitution.
Section 2 makes it clear that the Constitution itself is the supreme law
of the country and that any law, practice, custom or conduct
inconsistent with the same is invalid to the extent of the inconsistency.
Page 3 of 46
Applicant's Heads of Argument in the matter between:
Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared byTendai Biti Law