Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
As for the Bill itself, there was no new Bill that was introduced but simply an
amendment of the initial Bill with the approval of the National Assembly. Additionally,
the Bill was duly examined, revised and approved by the PLC. Although the applicants
were not part of the final meeting of the PLC, all of its members were given due notice of
the meeting and three-fifths of the PLC constituted its quorum. What was agreed by the
PLC was in accordance with what was agreed at its earlier meetings.
As regards the requirement of public hearings, Parliament conducted two
public hearings in Harare and requested the police to maintain peace and security
together with the security personnel of the hearing Committee itself. Consequently, the
Harare public was given full opportunity to air its view on the Bill.
The third respondent (the Minister) is also opposed to the application. He
avers that both Parliament and the President fulfilled their constitutional obligations in
the enactment of the Act. Moreover, the Act provides for the independent tribunals
envisioned by the Constitution. As regards the public hearing procedures, the requisite
processes were duly followed in the enactment of the Act. The Minister did not
intimidate or block the residents of Harare from attending the public hearings that were
duly convened. The Bill was not enacted to remove the Mayor of Harare from office and
he still remains in office. The residents of Harare were given full opportunity to air their
views. The requisite processes were duly adhered to and were therefore entirely
legitimate.
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