After claiming that the Constitutional Court of Zimbabwe overstepped its mandate, the Prime Minister of Zimbabwe should be asked to read the following on the mandate of the the court as stated in the new constitution which he voted YES for and as promulgated on 22 May 2013: The jurisdiction of the nine-member Constitutional Court which determined the historic election matter last Friday is provided in section 167 of the new Constitution as follows: (1) The Constitutional Court – (a) is the highest court in all constitutional matters, and its decisions on those matters bind all other courts; (b) decides only constitutional matters, and issues connected with decisions on constitutional matters, in particular references and applications under section 131(8)(b) and paragraph 9(2) of the Fifth Schedule; and (c) makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter. (2) Subject to this Constitution, only the Constitutional Court may - (a) advise on the constitutionality of any proposed legislation, but may do so only where the legislation concerned has been referred to it in terms of this Constitution; (b) hear and determine disputes relating to election to the office of President; (c) hear and determine disputes relating to whether or not any person is qualified to hold the office of Vice President; or (d) determine whether Parliament or the President has failed to fulfil a constitutional obligation. (3) The Constitutional Court makes the final decision whether an Act of Parliament or conduct of the President or Parliament is constitutional, and must confirm any order of invalidity made by another court before that order has any force. (4) An Act of Parliament may provide for the exercise of jurisdiction by the Constitutional Court and for that purpose may confer the power to make rules of court. (5) Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court - (a) to bring a constitutional matter directly to the Constitutional Court; (b) to appeal directly to the Constitutional Court from any other court; (c) to appear as a friend of the court.
Posted on: Thu, 06 Jun 2013 13:07:16 +0000
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