Dzikamai Malunga

Male and likes watching football. Supports Liverpool fc

[Dzikamai Malunga @dzikamai29]

@TurnallOfficial Hie guys how can l get a quotation from your organisation

[TheNewsHawks @NewsHawksLive]

As the Zimbabwe Constitution Amendment Bill N0.3 heads to parliament, the question still lingers whether the Constitutional Court (ConCourt) can and will allow or stop the legislative process which has seized the attention of the nation.
Two legal opinions have emerged on this issue: One which says the process must be interdicted and another that says it is premature or an interference to do so.
ConCourt has reserved judgment.
Professor Lovemore Madhuku, representing the war veterans and also former opposition MP Prince Dubeko Sibanda in a related case, said the battle over CAB3 centres on whether President Emmerson Mnangagwa and parliament can lawfully approve amendments directly benefitting the incumbent due to conflict of interest.
Madhuku said in view of the court's decision to he might have to make yet another application to interdict parliament.
Defence Sylvester Hashiti said the application was "premature" and since judgment was reserved that does not stop parliament from proceeding.
A senior told The NewsHawks:
"Under Zimbabwean law, an individual or corporate entity can legally challenge a constitutional amendment bill before it is passed into law, provided the challenge is based on a violation of a mandatory procedural and public participation frameworks established by the constitution.
While courts generally avoid intervening in active legislative processes under the doctrine of separation of powers, the ConCourt maintains exclusive jurisdiction to enforce constitutional compliance at any stage if parliament breaches a mandatory condition of the law-making process itself.
An interlocutory or pre-enactment challenge can be mounted on that basis.
Put differently, parliament can be interdicted if it fails to fulfill its constitutional obligations during the constitutional amendment process.
It can be interdicted on procedural grounds from proceeding with the introducrion, reading, voting, or passing of the Bill until full compliance with the law is achieved.
However, some say, as Hashiti does, the case is premature because the Bill has not yet received presidential assent and been signed into law.
This argument is legally flawed.
The court has exclusive jurisdiction under Section 167(2)(d) of the constitution to determine whether parliament or the president has failed to fulfill a constitutional obligation.
The constitution does not restrict this review to post-enactment. Where parliament behaves unconstitutionally during the process, the court is the ultimate guardian of the supreme law and can intervene to prevent an illegality.
Zimbabwe is a constitutional democracy governed by the principle of constitutional supremacy, as explicitly set out in Section 2(1) of the constitution:
'This constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency'.
Parliament does not possess absolute, untrammeled sovereignty to legislate outside the strict boundaries set by the constitution. Its power to amend the constitution under Section 328 is conditional upon absolute adherence to strict, mandatory procedural prerequisites.
If parliament acts in violation of these conditions, it strips itself of its legislative authority.
The process ceases to be a lawful exercise of parliamentary power and becomes an unconstitutional 'practice' or 'conduct' that is void ab initio under Section 2(1).
Yet the court cannot stop the Bill on the basis of substance, but on process or procedures.
It can only do so if a mandatory constitutional procedure is being ignored and if irreparable constitutional harm will occur.
Curing an illegality after the destruction of a constitutional framework is far more damaging to institutional stability than pausing the process to enforce compliance right now.
The judiciary is the ultimate bulwark against executive and legislative overreach, but it cannot stop a bill on the basis of substance, only a process."

[Dzikamai Malunga @dzikamai29]

@TembaMliswa Bhuruuu apa magonesa app

[Ephraim Katambi @EphraimKatambi]

@HillaryMusarurw Kkkkkk mukombe weii naoo mazuva anoo nema cup aaa cheaper ayaa vanhu vechidiki varikurombaa kunzeee ukooo last week ndirimusango tichitsvaga something haaaa zvandakanzwaa nezvandakaona regaa vanhu vafungire. Pamberii nemaKristu veduweee

[Dzikamai Malunga @dzikamai29]

@MthuliNcube01 Ok

[Dzikamai Malunga @dzikamai29]

@MadridUniversal Cole Palmer is on which number

[Dzikamai Malunga @dzikamai29]

@EcocashZwl ndivhurireiwo ecocash yangu please. It's now more than 72 hours ndakaisa report yangu and you are yet to respond

[Dzikamai Malunga @dzikamai29]

@EphraimKatambi @HeraldZimbabwe Where are u?

[Dzikamai Malunga @dzikamai29]

@EphraimKatambi @HeraldZimbabwe Young man uripi?

[Dzikamai Malunga @dzikamai29]

@KMutisi Hooo okay

[Dzikamai Malunga @dzikamai29]

@Jamwanda2 aAaaaaaaaaaaa

[Dzikamai Malunga @dzikamai29]

@_Ibrahim_Traore Traore the Great

[Dzikamai Malunga @dzikamai29]

@AnfieldEdition Vs Spurs

[Dzikamai Malunga @dzikamai29]

@ElonMuskAOC Hie, that will be nice

[Dzikamai Malunga @dzikamai29]

@ChinaDaily China to the World

[Dzikamai Malunga @dzikamai29]

@ChinaDaily If you are my new fidget

[Dzikamai Malunga @dzikamai29]

@ZimsecPR Hie Zimsec. What is the cost of registration for both grade 6 and 7 in both currency ie the Usd and local currency

[Dzikamai Malunga @dzikamai29]

@ZBCNewsonline Keep it up guys, our brothers are dying slowly because of drugs.

[Dzikamai Malunga @dzikamai29]

@thisisanfield Endo bossing the midfield

[Dzikamai Malunga @dzikamai29]

@nickmangwana Thank you very much Mr Mangwana.