By order dated 8 June 2022, the High Court [“the court a quo”] issued a mandamus in terms of which the appellants were compelled to submit a Bill necessary to give effect to section 106(3) of the Constitution of Zimbabwe [“the Constitution”] for consideration by Cabinet by no later than ...
By order dated 8 June 2022, the High Court [“the court a quo”] issued a mandamus in terms of which the appellants were compelled to submit a Bill necessary to give effect to section 106(3) of the Constitution of Zimbabwe [“the Constitution”] for consideration by Cabinet by no later than forty-five days from the date of the order.
Section 106(3) of the Constitution requires an Act of Parliament prescribing a code of conduct for Vice-Presidents, Ministers, and Deputy Ministers to be promulgated.
Given that no such Act of Parliament is currently in existence, the respondent filed an application a quo contending that it was the responsibility of the appellants to introduce the Bill necessary to give effect to section 106(3) of the Constitution.
The application was strenuously opposed by the appellants, but, despite such opposition, the court a quo granted it aforesaid.
Aggrieved, the appellants appealed to this Court.
On 6 June 2023, this court heard submissions from counsel, on appeal, after which the court issued the following order:
“IT IS ORDERED THAT:
1. The appeal be and hereby allowed with costs.
2. The judgment of the court a quo, in its entirety, be set aside and substituted as follows:
'The application for a mandamus order be and is hereby dismissed with costs.'”
The court indicated that the reasons for judgment would be furnished in due course. What follows hereunder are those reasons.
