5
HH 270-18
HC 1718/18
among the relevant values are supremacy of the Constitution, the rule of law and good
governance.
It was also contended that the first respondent brought the constitutional institution of
traditional leadership into disrepute contrary to the provisions of [Chapter 15] of the
Constitution of Zimbabwe.”
The applicant further submitted that the violation of the constitution that the applicant
complains of did not only occur at the time that the first respondent made the offending
remarks. The violation of the Constitution is a continuing Act;
“I also contend that the violation of the Constitution that the applicant complaints of did not
only occur on the day at the time that the first respondent made the offending remarks. The
violation of the Constitution is a continuing act. For as long as retraction or withdrawal of the
statement is not made, or some other remedial action is taken, the violation of the Constitution
continue to happen. Respect for the letter, spirit and values of the Constitution is a nonnegotiable. It is an imperative.” (See paragraph 33 of the Founding Affidavit)
LOCUS STANDI IN JUDICIO
This court was satisfied, after considering the applicants heads of argument and
submissions and a perusal of the Trust Deed of the applicant that the applicant had locus standi
to institute the current proceedings.
This court is satisfied that the applicant has locus standi in its own interest and in the
public interest. This court agrees that s 85 of the Constitution of Zimbabwe has widened the
class of persons who can approach the court alleging a breach of rights enshrined in the
Constitution.
This court accepts that “the applicant has shown that “as a think tank whose mandate
includes matters of elections, governance and democracy, the unconstitutional remarks made
by the first respondent directly affect it even though they were not directed at the applicant per
se.”
Also see the remarks of MALABA J in Loveness Mudzuru & Ruvimbo Tsopodzi v
Minister of Justice, Legal and Parliamentary Affairs N.O & Ors at page 14 where he stated:
“With respect to the objective of liberating the ‘narrow traditional conception of standing’ and
adopting a ‘broad and generous approach to standing’ in constitutionally guaranteed human
rights litigation, under the new s 85 (1) where he stated:
‘The object of s 85 (1) of the Constitution is to ensure that cases of infringement
of fundamental rights which adversely affect different interests covered by
each rule of standing are brought to the attention of a court for redress. The
object is to overcome the formal defects in the legal system so as to guarantee
real and substantial justice to the masses, particularly the poor, marginalized
and deprived sections of society. The fundamental principles is that every