The Constitutional Court is a superior court of record established in terms of section 166 of the Constitution of Zimbabwe, 2013. It consists of;
(a) the Chief Justice and the Deputy Chief Justice; and
(b) five other judges of the Constitutional Court;
The Constitutional Court is the highest court in all constitutional matters and its decisions on constitutional matters bind all other courts. The Constitutional court decides only constitutional matters and issues connected with decisions on constitutional matters, this include dealing with Bills referred from Parliament or Senate for advice on their constitutionality.
Subject to the 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 the Constitution;
(b) hear and determine disputes relating to election to the office of President;
(c) hear and determine disputes relating to whether or not a 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
In terms of section 175(1), any order of constitutional invalidity made by a court must be referred to the Constitutional Court for confirmation.
In addition, only the Constitutional Court can make an order that an Act of Parliament or the conduct of the President or Parliament is unconstitutional. The Constitution under section 167(4) requires an Act of Parliament to regulate the exercise of jurisdiction by the court. To that end the Constitutional Court Rules were promulgated on 10 June 2016 under Statutory Instrument 61 of 2016.
1. What kind of matters are dealt with by the Constitutional Court?
2. What exactly is the Constitutional Court?