Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
constitutional obligations are not flouted, particularly where they relate to the passage of
proposed legislation. This is clearly recognised by s 119(1) of the Constitution which
enjoins Parliament and, by necessary implication, its constituent members to protect the
Constitution and to promote democratic governance in Zimbabwe.
In my view, the applicants have an unquestionable right, both as citizens
and as legislators, to vindicate any perceived violation of the Constitution. The fact that
they only participated in the challenged proceedings under protest means that they cannot
be held to have waived their right to approach this Court for appropriate relief. In any
event, any such alleged waiver cannot be lightly presumed given the overarching
supremacy of the Constitution and the invalidity of any law, practice, custom or conduct
inconsistent with the Constitution. In short, there can be no doubt that the applicants are
endowed with ample locus standi to institute this application.
Whether Bill Lawfully Gazetted
In terms of Standing Order 134, every Bill must be published in the
Gazette at least fourteen days before it is introduced in Parliament. The applicants
contend that a second Bill was introduced in Parliament after the first Bill was gazetted
and then subsequently abandoned. The second Bill was totally different from the first Bill
but was not duly gazetted. It was not, as is averred by the respondents, simply an
amendment of the first Bill, which amendment could only have been put forward at the
Committee stage.
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