Constitutional Court must confirm High Court Order – Legal Expert

by | May 17, 2021 | Crime & Courts, Local News, Politics | 0 comments

Nevanji Munyaradzi Chiondegwa

The judgment handed down by Justices Happias Zhou, Jester Charewa and Edith Mushore in case number HC 2166/21 on May 16 2021 has no effect until it is confirmed by the Constitutional Court, a top Harare Lawyer has said.

Advocate Lewis Uriri, an Advocate at the Harare Independent Referral Bar, has said the judgment which sets aside the extension of Chief Justice Malaba`s tenure needs constitutional verification.

It is this effect which has no force unless it is confirmed by the Constitutional Court.

“This is apart from the fact that a declaratory order, if such was the judgement, is not executable. It merely declares the position.” said Advocate Uriri.

Advocate Uriri said the jurisdiction of the High Court ended with the handing down of the judgement.

Advocate Uriri went further and said, “That declared position would bind all arms of government where it not for the fact the declared position has no effect unless confirmed by the Constitutional Court.”

Whilst there is a pronouncement that the Chief Justice ceased being a judge when he turned 70, that pronouncement has no constitutional effect to the extent that its effect is that the conduct of the President is invalid, until confirmed by the Constitutional Court.

Advocate Uriri stated, “Section 175 (1) of the Constitution is instructive. It provides that, ‘Where a court makes an order concerning the constitutional invalidity of any conduct of the President or Parliament, the order has no force unless it is confirmed by the Constitutional Court’.”

“Section 175 (2) of the Constitution provides that a court which makes an order of constitutional invalidity referred to in section 175 (1) may grant a temporary interdict or other temporary relief, pending a decision of the Constitutional Court on the validity of the conduct.”

Advocate Uriri however cautioned that “The respondents have a right to disagree with the judgement of the High Court. The route is to appeal. In doing so, the integrity of the court must not be scandalized. We must all respect the court, whether or not we agree with its judgement”
Meanwhile, the Attorney General of Zimbabwe has filed a notice to appeal against the whole High Court judgement handed on May 16.