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Outcome of Supreme Court hearing
Zimbabwe Lawyers for Human Rights (ZLHR)
May 17, 2007

The Constitutional Court today struck off from the roll the case regarding the urgent enforcement of court orders on the grounds that the matter was not properly before the Court.

The Application had been lodged as a direct Application in terms of Section 24 (1). State Counsel raised the point in limine that the application ought to have been brought by way of referral from the High Court (in terms of S 24 (2)). The Constitutional court seems to have found favour with the argument of the State as evidenced by its decision that the matter was improperly before it and hence it be struck off the roll.

ZLHR is of the considered view that he Supreme Court ought to have, as it has always done in the past, construed the constitutional issues widely and liberally and stands guided by the very same Court's reasoning in Smythe v Ushewokunze & Anor 1997 (2) ZLR 544 wherein it was held that:

" . . . in arriving at the proper meaning and content of the right guaranteed . . . it must not be overlooked that it is a right designed to secure protection, and that the endeavour of the Court should always be to expand the reach of the fundamental right rather than to attenuate its meaning and content. What is to be accorded is a generous and purposive interpretation of the provisions; one that takes full account of changing conditions, social norms and values, so that the provision remains flexible enough to keep pace with and meet the newly emerging problems and challenges. THE AIM MUST BE TO MOVE AWAY FROM FORMALISM AND MAKE HUMAN RIGHTS A PRACTICAL REALITY FOR THE PEOPLE" ( at 535A - C)

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