Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
enacting the impugned Bill. They had called for a division on the Bill in the National
Assembly and had lost that vote. Thus, so it is argued, the decision that they seek to
overturn is also their decision and they cannot challenge their own process. They
therefore have no standing to attack legislation that they themselves were involved in
passing.
In the Doctors for Life case (supra), at para 218, Ncgobo J recognised the
need to find a proper balance between avoiding improper intrusions into the domain of
Parliament and ensuring that constitutional provisions are sufficiently justiciable so as not
to be rendered nugatory. The latter consideration, in my view, behoves this Court to
adopt a liberal and generous approach to locus standi in matters involving constitutional
rights and obligations. This is so notwithstanding the constitutional and statutory
independence enjoyed by Parliament in the control of its own affairs. See Smith v Mutasa
N.O. & Anor 1989 (3) ZLR 183 (SC) at 208 & 209. See also Mudzuru & Anor v Minister
of Justice, Legal and Parliamentary Affairs N.O. & Ors CCZ 12/2015, at pp. 13-15,
where this Court, per Malaba DCJ (as he then was), eschewed the narrow traditional
conception of locus standi in favour of a broad and generous approach to standing in
constitutional matters.
In casu, both applicants are not only citizens of Zimbabwe but also
members of Parliament. They have a general right, qua citizens, to be involved in the
proceedings of Parliament. They also have a specific and special right, qua members of
Parliament, to ensure that parliamentary procedures are duly adhered to and that
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