Constitutional Court

Tough questions asked about JSC’s role in extending tenure of Zim’s retired CJ

The drama of Zimbabwe’s ‘judicial amendment’ is far from over. This week, two separate letters demanding information were sent to the judicial service commission, asking for details about the JSC’s role in considering or facilitating the extension of retired Chief Justice Luke Malaba’s tenure.

What, exactly, was the part played by the judicial service commission in facilitating another five years in office for Zimbabwe’s controversial former Chief Justice, Luke Malaba? And, since he was a kingpin in the JSC, did he declare a conflict of interest and excuse himself from any discussions on the matter?

These and other potentially embarrassing questions have been asked of the JSC by two firms of lawyers this week.

Majority of Zambia's constitutional court: We are bound by this high court decision

When the constitution sets a minimum education level for members of parliament, what should be done about a candidate, accepted for nomination to parliament and ultimately voted in, who turns out not to have satisfied the requirements? Five judges of Zambia’s constitutional court split on this significant question, leaving the MP concerned, Lawrence Nyirenda, safely in his place.

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Zambia’s constitutional court, last word on all constitutional matters, has been considering an application brought by a former member of the military and a member of Zambia’s diplomatic corps, Bizwayo Nkunika.

Religious freedom the winner in Zim school flag salute dispute

Attempts to establish a compulsory daily ceremony for schoolchildren to salute the national flag have come unstuck in Zimbabwe. The education authorities intended the ceremony to ‘inculcate patriotism’ and other values, according to the justification their lawyers argued before the constitutional court. But not everyone was impresssed.

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When Zimbabwe’s schoolchildren get back to their books this year, Covid permitting, they will not have to recite a government-approved pledge, intended to inculcate patriotic feelings in the young.

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