Opinions

Malaba High Court Judgement Needs To Be Confirmed By ConCourt: Adv Uriri

Constitutional-Court of Zim
1.19KViews
Adv Uriri

By Advocate Lewis Uriri – On Malaba Judgement Effect

I must set the record straight as regards the Chief Justice saga. I have not been involved in the matter nor have I been consulted in any capacity whatsoever. Suggestions to the contrary are not only false but also outright malicious.

I have not expressed any views on the judgement or it’s effect. Whilst I have my personal views, like anybody else, I have never expressed the same in the media or anywhere / to anyone else.

I express no views on the correctness or otherwise of the High Court judgement as it appears that the same is/maybe the subject of continuing litigation. I am a student of the Constitution in terms of which the High Court sat.

I am glad that everyone concerned state unequivocally that they are bound by and abide the decision of the High Court.

The respondents have a right to disagree with the judgement of the High Court. The route is to appeal. In doing so, the integrity of the court must not be scandalized. We must all respect the court, whether or not we agree with its judgement.

Whilst I desist from expressing any views on the correctness of the judgement for the reasons given above, I can and I will comment on its effect.

The High Court sat to decide on constitutional questions in terms of the relevant provisions of the Constitution. It sat to decide on constitutional questions within its jurisdiction. It did so at a time when the President had extended the tenure of Chief Justice Malaba.

It is not the characterization of its order as declaratory that determines its effect. It is its effect on the conduct of the President.

It’s effect is to effectively set aside the President’s conduct regardless of the fact that the President was not a party to the litigation. It is this effect of setting aside the conduct of the President that I address. This is not the subject of existing litigation and I can express my views on this effect.

Section 175 (1) of the Constitution is instructive. It provides that, “Where a court makes an order concerning the constitutional invalidity of … any conduct of the President or Parliament, the order has no force unless it is confirmed by the Constitutional Court.”

Section 175 (2) of the Constitution provides that a court which makes an order of constitutional invalidity referred to in section 175 (1) may grant a temporary interdict or other temporary relief, pending a decision of the Constitutional Court on the validity of the conduct.

The High Court was not asked to make an interim protective order. It did not make any such order.

It’s judgement, to the extent that it effectively holds that the conduct of the President in extending the Chief Justice’s term is constitutionally invalid, has no effect until confirmed by the Constitutional Court. This is what the constitution says.

Whether or not the judgement is purely declaratory is regardless. It has the effect that the conduct of the President in extending the Chief Justice’s term is constitutionally invalid. It is this effect which has no force unless it is confirmed by the CC.

An appeal by the respondents, whilst the route to take if they disagree with the judgement, is strictly not necessary. There have to be confirmation proceedings before the Constitutional Court.

I express no views on who would sit in the confirmation proceedings as this is a live issue given that the whole constitutional court were cited as respondents.

The judgement of the High Court must be respected to the extent that it makes the pronouncement that it did.

The jurisdiction of the High Court ended with the handing down of the judgement. The learned judges discharged their duties and oath of office.

Their judgement, as I have pointed out, has no effect until confirmed by the Constitutional Court. This is apart from the fact that a declaratory order, if such was the judgement, is not executable. It merely declares the position.

That declared position would bind all arms of government where it not for the fact the declared position has no effect unless confirmed by the Constitutional Court.

Whilst there is a pronouncement that the Chief Justice ceased being a judge when he turned 70, that pronouncement has no constitutional effect to the extent that it’s effect is that the conduct of the President is invalid, until confirmed by the CC.

That having been said, and to avoid the possible invalidation of any work that the CJ may do pending the confirmation proceedings should the constitutional court confirm the decision of the High Court, it is best that the Deputy Chief Justice acts as Chief Justice in the interim.

We must now await the outcome of the confirmation proceedings.

This, my countrymen, is the ground upon which I stand. There will be different views. The court will tell what the correct view is. I do not purport exclusive validity of this view. It is a view that I conscientiously hold and believe in.

 

Robert Tapfumaneyi

161 Comments

  • Woah! I’m really enjoying the template/theme of this blog.
    It’s simple, yet effective. A lot of times it’s challenging to get that “perfect balance” between usability and visual appeal.
    I must say you have done a excellent job with this.
    Also, the blog loads extremely fast for me on Firefox.
    Exceptional Blog!

    Feel free to surf to my site; Louie

  • I enjoy you because of all your valuable labor on this website.

    Kim takes pleasure in setting aside time for investigations and it’s simple to
    grasp why. My partner and i notice all concerning the compelling ways you deliver good ideas on your web site
    and boost participation from some others on the subject and my daughter is now becoming educated a great deal.
    Take advantage of the remaining portion of the year.
    You are performing a dazzling job.

    Also visit my web blog – khoquet.com

  • Saya akan segera rebut rss feed Anda karena
    saya tidak bisa
    Sangat keren! Beberapa poin yang
    Ini adalah ide-ide yang benar-benar hebat dalam
    pada topik blogging. Anda telah menyentuh beberapa bagus hal di sini.
    Dengan cara apapun teruskan wrinting.

    Here is my webpage :: Joker123 net m login

  • What’s up to every , since I am truly eager of reading this blog’s post to
    be updated regularly. It consists of good stuff.

    Also visit my web site … test id sky777

  • If some one needs expert view about blogging and
    site-building after that i advise him/her
    to visit this webpage, Keep up the pleasant work.

    Feel free to surf to my webpage: id test pussy888

  • Hey there, I think your site might be having browser compatibility issues.
    When I look at your blog site in Firefox, it looks fine but when opening in Internet Explorer, it
    has some overlapping. I just wanted to give you a quick heads up!
    Other then that, great blog!

    my blog: Mariel

  • Woah! I’m really enjoying the template/theme of this website.
    It’s simple, yet effective. A lot of times it’s hard to
    get that “perfect balance” between user friendliness and appearance.

    I must say you have done a amazing job with this.
    Additionally, the blog loads very quick for me on Internet explorer.
    Excellent Blog!

    Also visit my blog post; kiss918 ios download

  • Definitely believe that that you said. Your favorite justification appeared to be at the net the simplest thing to bear in mind of.
    I say to you, I definitely get irked while people consider
    worries that they plainly do not know about. You controlled to hit the nail upon the top as neatly as outlined out the entire thing with no need side effect ,
    folks can take a signal. Will probably be again to get more.
    Thank you

    my homepage … anapa-alrosa.com.ru

  • I used to be recommended this blog by means of my
    cousin. I’m not sure whether or not this post is written by way of him as nobody else recognize such detailed about my trouble.
    You’re wonderful! Thank you!

    Feel free to visit my homepage … ace333 test id

  • I would like to convey my affection for your kind-heartedness giving support
    to folks that need help with this one subject
    matter. Your real dedication to getting the message all around ended up being exceedingly insightful
    and has without exception enabled others just like me to attain their dreams.
    Your amazing useful help and advice entails this much to me and
    further more to my office workers. Regards; from everyone of us.

    Here is my web-site; http://clubriders.men/viewtopic.php?id=502993

  • Hello, Neat post. There is an issue with your web site in web
    explorer, might check this… IE still is the marketplace chief and a big element of other people will leave
    out your great writing because of this problem.

    Stop by my site – jmjtime.phpfoxtheme.com

  • Hi! Someone in my Myspace group shared this website with us so I came to look it
    over. I’m definitely loving the information.
    I’m book-marking and will be tweeting this to my followers!
    Great blog and brilliant design and style.

    My blog post: https://bbs.ranmao.com/

  • you’re in point of fact a just right webmaster. The site loading
    speed is incredible. It seems that you are doing any unique trick.

    In addition, The contents are masterwork. you’ve performed a magnificent
    process on this subject!

    Feel free to visit my web site :: mpc-install.com

  • Howdy! This is kind of off topic but I need some advice from an established blog.
    Is it hard to set up your own blog? I’m not very techincal but I can figure things out pretty fast.
    I’m thinking about setting up my own but I’m not sure where to start.
    Do you have any points or suggestions? Many thanks

    Feel free to surf to my web-site :: frun-test.sakura.ne.jp

  • I rattling glad to find this site on bing, just what I was searching for 😀 likewise saved to fav.

    Feel free to surf to my webpage :: Maple

  • hello there and thank you for your info – I’ve certainly picked up anything new from right here.
    I did however expertise a few technical points using this web site, as I experienced to reload the web site many times
    previous to I could get it to load properly. I had been wondering if your hosting
    is OK? Not that I’m complaining, but slow loading instances times will often affect your placement in google and could damage your high
    quality score if ads and marketing with Adwords.
    Anyway I am adding this RSS to my e-mail and can look out for much more of your respective interesting content.
    Make sure you update this again very soon..

    Also visit my blog post http://frun-test.sakura.ne.jp/userinfo.php?uid=120099

  • obviously like your website however you need to check the spelling on several of your
    posts. Many of them are rife with spelling problems and I to find
    it very bothersome to inform the truth then again I will surely come back again.

    Also visit my web blog … https://www.tasknight.com/

  • I wanted to visit and let you know how much I appreciated
    discovering your website today. I might consider it a honor to do things
    at my company and be able to make real use of the tips discussed on your
    web-site and also get involved in visitors’ responses like this.
    Should a position of guest author become offered at your end,
    i highly recommend you let me know.

    My web site: http://www.mhes.tyc.edu.tw

  • Its like you read my mind! You seem to know so much about this, like you wrote the book in it or
    something. I think that you can do with some pics to drive
    the message home a bit, but instead of that, this is excellent blog.
    An excellent read. I’ll certainly be back.

    My web site … https://www.qijiang520.com

  • I and my guys happened to be going through the great procedures on your web blog then all of the sudden I got a terrible
    feeling I never expressed respect to the blog owner
    for them. The ladies are already for that reason glad to
    learn all of them and have now without a doubt been loving those things.
    Thanks for truly being well kind and then for utilizing such perfect
    things most people are really desirous to be aware of. My sincere apologies for not saying thanks to you sooner.

    Also visit my web page … mpc-install.com

  • Thanks so much for giving me personally an update on this matter on your web site.

    Please realise that if a brand new post appears or when any alterations
    occur about the current article, I would be thinking
    about reading a lot more and finding out how to make good utilization of those techniques you
    share. Thanks for your efforts and consideration of other men and women by
    making this blog available.

    my web page :: https://mpc-install.com/punbb-1.4.6/viewtopic.php?id=367784

  • Ahaa, its good dialogue concerning this piece of writing at this place at this blog, I have read all that, so at this time me also commenting at this place.

    Feel free to visit my web-site – Ashley

  • Hi there! This post could not be written any better!
    Reading this post reminds me of my old room mate!
    He always kept talking about this. I will forward
    this write-up to him. Fairly certain he will
    have a good read. Thank you for sharing!

    my site … astravo.net.ru

  • Right here is the perfect site for anybody who hopes to find out about this topic.
    You know so much its almost hard to argue with you
    (not that I actually will need to?HaHa). You certainly put a new spin on a subject that
    has been written about for years. Excellent stuff, just great!

    My web blog chengdian.cc

  • Heya this is somewhat of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have
    to manually code with HTML. I’m starting a blog soon but have no
    coding expertise so I wanted to get guidance from someone with experience.
    Any help would be enormously appreciated!

    Look at my web page: Ines

  • great post, very informative. I wonder why the other experts of this sector do not
    notice this. You must continue your writing. I am sure, you’ve a huge readers’ base already!

    my blog :: tsc-saarlorlux.de

  • Hi there to every body, it’s my first pay a visit of this blog; this web site carries
    awesome and actually fine stuff for readers.

    Feel free to surf to my web blog; Micheline

  • Thank you, I’ve just been searching for info approximately
    this subject for a while and yours is the greatest I have found
    out so far. However, what in regards to the conclusion?
    Are you positive in regards to the source?

    Here is my page :: chengdian.cc

  • Hi there very nice website!! Guy .. Beautiful ..

    Wonderful .. I’ll bookmark your website and take the feeds additionally?
    I’m happy to search out so many helpful information here in the publish, we want
    work out more strategies on this regard, thanks for sharing.
    . . . . .

    My webpage http://www.aniene.net/

  • I like the valuable info you supply in your articles.
    I’ll bookmark your weblog and take a look at once more
    right here frequently. I am moderately certain I’ll learn a lot of new stuff proper right here!
    Good luck for the following!

    Also visit my web site chengdian.cc

  • Have you ever considered publishing an e-book or guest authoring on other
    sites? I have a blog based on the same subjects you discuss and would love to have you share some stories/information. I know my readers would
    appreciate your work. If you are even remotely interested, feel free to shoot me an e-mail.

    my site http://www.atomy123.com

  • What a data of un-ambiguity and preserveness of precious familiarity regarding unexpected feelings.

    Feel free to surf to my site – kebe.top

  • It is perfect time to make some plans for the future and
    it is time to be happy. I’ve read this post and if I
    could I wish to suggest you few interesting
    things or advice. Perhaps you could write next articles referring to this article.
    I desire to read more things about it!

    Look into my blog post – http://www.ravenhawksmagickalmysticalplaces.com

  • hey there and thank you for your information ? I have definitely picked up something new from right here.
    I did however expertise several technical points using this web site,
    since I experienced to reload the website many times previous to I could get it to load correctly.

    I had been wondering if your hosting is OK? Not
    that I’m complaining, but slow loading instances times will often affect your placement in google and can damage your high-quality score if ads and marketing with
    Adwords. Anyway I am adding this RSS to my email and could look out for much
    more of your respective interesting content.
    Ensure that you update this again very soon..

    My homepage; https://lovegamematch.com

  • Wow! This blog looks just like my old one! It’s on a totally different
    subject but it has pretty much the same page layout and design. Outstanding
    choice of colors!

    Feel free to surf to my blog post :: http://shihan.com.ru

  • Simply to follow up on the update of this subject matter on your site and would
    like to let you know how much I treasured the time you took to put together
    this valuable post. Within the post, you really spoke on how to actually handle this issue with all ease.
    It would be my pleasure to gather some more
    suggestions from your web page and come up to offer other people what I discovered from you.

    I appreciate your usual fantastic effort.

    Here is my webpage :: mpc-install.com

  • Hello there, just became alert to your blog through Google, and found
    that it is truly informative. I’m going to watch out for brussels.
    I will appreciate if you continue this in future.
    Numerous people will be benefited from your writing.
    Cheers!

    Stop by my homepage kebe.top

  • I love your blog.. very nice colors & theme. Did you create this website yourself
    or did you hire someone to do it for you? Plz answer back
    as I’m looking to design my own blog and would like to know where
    u got this from. thanks a lot

    My site – Demi

  • I would like to take the ability of thanking you for the professional advice I have often enjoyed going to your site.
    We are looking forward to the particular commencement of my college research and the general groundwork would never have been complete without dropping by
    this site. If I may be of any help to others, I will be thankful to help by what I have discovered from here.

    Also visit my blog post – islamturkbirligi.tk

  • Hello there! Quick question that’s entirely off topic.
    Do you know how to make your site mobile friendly?
    My blog looks weird when browsing from my iphone4.
    I’m trying to find a template or plugin that might be able
    to correct this problem. If you have any suggestions, please share.
    Appreciate it!

    My blog post – Glucofort Reviews

  • I simply couldn’t go away your site prior to suggesting that I
    extremely enjoyed the standard info a person provide to your guests?
    Is going to be back regularly in order to inspect new posts

    Also visit my blog post – Tri-Bol Testo Pills

  • What’s Taking place i am new to this, I stumbled
    upon this I have found It absolutely useful and it has helped me out loads.
    I am hoping to contribute & help different users like its helped me.
    Great job.

    Also visit my webpage … shihan.com.ru

  • I got this web site from my pal who shared with me about
    this site and now this time I am visiting
    this web site and reading very informative posts at this time.

    Check out my homepage: Blast Desktop AC

  • whoah this weblog is excellent i like reading your articles.
    Stay up the good work! You already know, lots of people are searching round for this information,
    you can aid them greatly.

    My blog post … Boltz Pro Phone Charger

  • I just couldn’t depart your website before suggesting that I extremely loved
    the usual information a person supply to your
    visitors? Is gonna be back steadily to check up on new posts

    my web site Tri-Bol Testo Reviews

  • Thank you for all of the labor on this web page. My mom really likes
    managing research and it’s really obvious why. My partner and i hear all concerning the dynamic
    tactic you make insightful secrets by means of the web
    blog and therefore cause participation from some other people about this subject while our girl is actually starting to learn a lot of things.

    Take advantage of the rest of the new year.
    You’re performing a powerful job.[X-N-E-W-L-I-N-S-P-I-N-X]I
    am extremely inspired with your writing abilities as neatly as with
    the layout for your weblog. Is this a paid topic or
    did you modify it your self? Anyway stay up the excellent quality writing, it’s rare to
    look a nice weblog like this one today.

    Here is my website – Premium Shot Keto

  • I intended to write you that little bit of note to help say thanks a lot again relating to the breathtaking strategies you have shown in this case.
    This is simply unbelievably open-handed with you
    to grant easily all many of us could have marketed for an electronic book to generate some dough on their own,
    specifically given that you might have done it if you ever wanted.

    These smart ideas as well served to be a easy way to fully grasp many people have the
    same eagerness similar to my very own to know very much more related to this condition. I am
    certain there are numerous more enjoyable instances ahead for many
    who browse through your blog.

    Here is my blog post; Jibe CBD Gummies Review

  • Awsome article and straight to the point.
    I don’t know if this is in fact the best place to ask but do you
    people have any ideea where to hire some professional writers?
    Thx 🙂

    my webpage – mpc-install.com

  • Nice post. I learn something totally new and challenging
    on sites I stumbleupon on a daily basis. It will always
    be helpful to read through articles from other authors and
    practice something from their web sites.

    My web page … Fulfillutrex Male Enhancement

  • เว็บตรง betflik joker slot เว็บสล็อต และการเล่นพนันรูปแบบใหม่
    เปิดตัวชั้นนำปี 2021 ด้วยระบบฝาก – ถอน AUTO
    ที่รวบรวมเอาเว็ปสล็อตและคาสิโนออนไลน์ ยอดนิยมมาไว้ที่เดียวเพื่อความบรรเทิงของสมาชิก
    เพียงสมัครสมาชิกสมัครเปิดยูสเซอร์เดียว ลูกค้าสามารถเข้าเล่นสล็อต เกมยิงปลา และเกมส์ต่างๆ จากหลากหลายเกมคาสิโนดัง จากบริษัทเกมโดยตรงกว่า 15 เกมสล็อต ยกตัวอย่าง เช่น Qtech, PGslot, Joker123 Gaming,
    NETENT, PlayStar, PP PragmaticPlay, BPG BluePrint

    แต่นี่คือเป็นเพียงหนึ่งจากค่ายเกมสลอตชื่อดังต่างๆไทยและเทศ

    อีกทั้งยังสามารถเข้าแทงคาสิโนสด บาคาร่า เสือมังกร และเกมส์ไพ่พนันรูปแบบต่าง จากค่ายดัง
    เช่น SA Casino, Sexy Game, WM Casino, ดีจี,
    เซ็กซี่ บาคาร่า
    โดยเราได้รวบรวมทั้งหมดนี้ มารวมไว้ที่เดียว

    ที่ BETFLIX เรามีระบบฝาก-ถอนออโต้ที่รวดเร็ว ระบบสมาชิกใช้งานง่าย และรองรับกับทุก Platform ไม่ว่าจะ คอม, iOS, Android อีกด้วย betflix

  • Hello, i believe that i noticed you visited my blog thus i got here to ?go back the prefer?.I’m attempting to to find things to enhance
    my site!I assume its ok to use some of your concepts!!

    my blog: Monika

  • Very great post. I simply stumbled upon your weblog and wanted to say
    that I’ve really loved surfing around your blog posts.
    After all I’ll be subscribing on your rss feed
    and I’m hoping you write again very soon!

    Also visit my blog … Brianne

  • My spouse and I absolutely love your blog and find most of your post’s to
    be just what I’m looking for. Do you offer guest writers to write content
    for you? I wouldn’t mind writing a post or elaborating on a number of the subjects you write concerning here.

    Again, awesome web site!

    Here is my homepage – Lionel

  • I have recently started a web site, the info you provide on this site
    has helped me tremendously. Thank you for all of
    your time & work.

    Check out my web blog … NatureFused

  • This is the right blog for everyone who would like to find
    out about this topic. You understand a whole lot its almost
    tough to argue with you (not that I really will need to?HaHa).

    You certainly put a fresh spin on a subject which has
    been discussed for decades. Wonderful stuff, just excellent!

    Feel free to visit my homepage :: Forti Prime Review

  • I’m not sure where you are getting your info, but good topic. I needs to spend some time learning much more or understanding more. Thanks for excellent info I was looking for this information for my mission.

  • I just could not go away your web site prior to suggesting that I actually loved the usual information an individual supply for your visitors? Is going to be again often in order to check up on new posts.

  • I just couldn’t leave your website prior to suggesting that I really loved the standard information a person provide in your visitors? Is going to be back often to check up on new posts.

  • Wow, fantastic blog format! How long have you ever been blogging for? you made blogging glance easy. The entire look of your site is great, let alone the content material!

  • My wife and i got very thrilled Raymond could round up his survey because of the ideas
    he gained while using the web page. It’s not at all simplistic just to always be making a gift of instructions which usually a number of people might have been making money from.
    We know we now have the blog owner to appreciate because of that.
    Those explanations you have made, the easy web site menu, the relationships you will give support to foster – it is everything spectacular, and it is leading our son and us believe that the idea is
    satisfying, and that is particularly important.
    Many thanks for all!

    Feel free to surf to my blog; Extreme Muscle XXL Ingredients

  • Hello There. I found your blog using msn. This is an extremely well written article.
    I’ll make sure to bookmark it and come back to read more of your useful
    information. Thanks for the post. I’ll definitely comeback.

    Here is my web blog; Pure Kana CBD Reviews

  • It’s The Skin Company Skin Care Review best time to make a few plans for the future and it is time to be
    happy. I have read this submit and if I may just I desire
    to suggest you few fascinating issues or tips. Perhaps you can write next articles referring to this article.
    I want to read even more issues about it!

  • Hi there, just became alert to your blog through Google, and found that it’s truly informative.
    I am gonna watch out for brussels. I’ll appreciate if you continue this in future.

    Numerous people will be benefited from your writing.
    Cheers!

    my web blog :: prettypeople.club

  • Hello, you used to write great, but the last several
    posts have been kinda boring… I miss your great writings.
    Past several posts are just a little bit out of track!
    come on!

    my blog; jpgsoft.co.kr

  • I don’t know whether it’s just me or if everyone else experiencing issues with your website.
    It seems like some of the written text within your posts are running off the screen. Can somebody else please provide feedback and let me know if this is happening to them as well?
    This may be a problem with my web browser because I’ve had this happen before.

    Appreciate it

    Feel free to surf to my webpage … dealontable.com

  • Thank you a lot for sharing this with all of us you actually recognise what you are
    talking about! Bookmarked. Kindly additionally
    seek advice from my website =). We will have a link trade arrangement among us!

    my website; Imarais Beauty Reviews

  • Excellent beat ! I wish to apprentice while you amend your website, how could i subscribe
    for a blog web site? The account helped me a acceptable deal.
    I had been a little bit acquainted of this your broadcast offered
    bright clear idea

    Here is my web blog … Pure Kana CBD Gummies

  • Great – I should definitely pronounce, impressed with your website.
    I had no trouble navigating through all tabs and related information ended up being truly simple to do how to talk to women sexually access.

    I recently found what I hoped for before you know it at all.
    Quite unusual. Is likely to appreciate it for those who add forums or something, website theme .

    a tones way for your client to communicate. Nice task.

  • I happen to be writing to make you be aware of what a fine experience my girl
    obtained checking yuor web blog. She mastered so
    many pieces, which included what it’s like to possess an excellent helping spirit to get certain people smoothly understand chosen complex things.
    You actually did more than her desires. Many thanks for imparting those
    necessary, trusted, edifying and also fun tips on this topic
    to Gloria.

    Also visit my page; ithaca ac repair

  • My brother suggested I might like this website.

    He was entirely right. This post truly made my day.

    You cann’t imagine simply how much time I had spent for this information! Thanks!

    My web-site weed indoorshave

Leave a Reply