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Fuzwayo, Ibhetshu LikaZulu granted direct access to the ConCourt
2 hrs ago |
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The Constitutional Court (ConCourt) has granted political activist Mbuso Fuzwayo and Matabeleland-based pressure group Ibhetshu LikaZulu direct access to Zimbabwe's highest court to challenge President Emmerson Mnangagwa's 2030 political agenda.
The ruling followed a hearing held on Monday and allows the applicants to file an application arguing that the proposed extension of Mnangagwa's tenure is unconstitutional and violates Zimbabwe's presidential term limits.
The ruling allows Fuzwayo to file his substantive constitutional application within five days, while the respondents will have three days thereafter to submit their response.
The matter was heard before a panel of senior judges — Chief Justice Paddington Garwe, Justice Ben Hlatshwayo and Justice Bharat Patel.
Fuzwayo is seeking to challenge Zanu PF Resolution 1 of 2024, which proposes extending Mnangagwa's presidential term from 2028 to 2030, a move critics describe as unconstitutional "tenure elongation".
Direct access to the Constitutional Court is governed by Section 167 of the Constitution and Rule 21 of the Constitutional Court Rules (Statutory Instrument 61 of 2016). Applicants must demonstrate that granting such access is in the interests of justice.
The remedy is reserved for exceptional and significant constitutional matters, particularly where urgent intervention is required or where lower courts are deemed unable to adequately resolve the dispute.
In granting direct access, the court accepted that the application raises serious constitutional questions warranting immediate consideration by the apex court.
The Constitutional Court is expected to issue further directions once pleadings are complete.
The decision means the apex court will directly hear the substantive matter without it first going through lower courts, underscoring the constitutional significance of the dispute.
Ibhetshu LikaZulu has been one of the most vocal civic groups opposing what critics describe as "tenure elongation," warning that extending the President's term would undermine democratic governance and the Constitution.
The court has yet to set dates for the filing of arguments and the hearing of the main application.
The ruling followed a hearing held on Monday and allows the applicants to file an application arguing that the proposed extension of Mnangagwa's tenure is unconstitutional and violates Zimbabwe's presidential term limits.
The ruling allows Fuzwayo to file his substantive constitutional application within five days, while the respondents will have three days thereafter to submit their response.
The matter was heard before a panel of senior judges — Chief Justice Paddington Garwe, Justice Ben Hlatshwayo and Justice Bharat Patel.
Fuzwayo is seeking to challenge Zanu PF Resolution 1 of 2024, which proposes extending Mnangagwa's presidential term from 2028 to 2030, a move critics describe as unconstitutional "tenure elongation".
Direct access to the Constitutional Court is governed by Section 167 of the Constitution and Rule 21 of the Constitutional Court Rules (Statutory Instrument 61 of 2016). Applicants must demonstrate that granting such access is in the interests of justice.
In granting direct access, the court accepted that the application raises serious constitutional questions warranting immediate consideration by the apex court.
The Constitutional Court is expected to issue further directions once pleadings are complete.
The decision means the apex court will directly hear the substantive matter without it first going through lower courts, underscoring the constitutional significance of the dispute.
Ibhetshu LikaZulu has been one of the most vocal civic groups opposing what critics describe as "tenure elongation," warning that extending the President's term would undermine democratic governance and the Constitution.
The court has yet to set dates for the filing of arguments and the hearing of the main application.
Source - online
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