The Constitutional Court of Zimbabwe: Five Years On — An Assessment of Its Jurisprudence

The Constitutional Court of Zimbabwe was established under the 2013 Constitution and has now been operating for over a decade. It is an appropriate time to assess its jurisprudence and its contribution to the development of constitutional law in Zimbabwe.

Some observations:

The Court has been willing to strike down legislation that is inconsistent with the Declaration of Rights — the Mudzuru judgment on child marriage is a landmark example.
However, the Court has sometimes been criticised for being overly deferential to the executive, particularly in politically sensitive matters.
The Court's approach to socio-economic rights (education, health, food) has been cautious — it has not yet developed a robust framework for the enforcement of these rights.

I would be interested in practitioners' views on:

The most significant judgments of the Constitutional Court to date
Areas where the Court's jurisprudence needs further development
The Court's accessibility to ordinary Zimbabweans

This is a discussion that the profession needs to have openly.

2 Replies

Adv. Blessing Sibandaabout 2 hours ago

From a criminal law perspective, the Constitutional Court has been important in developing the law on the rights of accused persons — the right to a fair trial under section 69 has been given real content in several decisions. However, the Court has been less willing to engage with systemic issues in the criminal justice system, such as prison conditions and the treatment of remand prisoners.

Adv. Nyasha Zimutoabout 2 hours ago

I think the Constitutional Court's most significant contribution has been in the area of children's rights — the Mudzuru judgment on child marriage was a landmark decision that had immediate practical impact. However, I share the concern about the Court's deference to the executive in politically sensitive matters. The Court's reluctance to engage with the structural issues underlying many constitutional violations is a significant limitation.