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Hungwe’s ruling was misdirected and a violation of the constitution: JSC Supreme Court appeal

The Judicial Services Commission (JSC)  has filed its appeal to Justice Hungwe’s ruling stopping the interviews for the Chief Justice at the Supreme Court.  In the appeal filed on Wednesday, the JSC said Justice Hungwe‘s ruling was misdirected and a clear violation of the constitution. The JSC is being represented by Addington Chinake of Kantor and Immerman Legal Practitioners.  The JSC also noted that courts are obligated to follow the constitution and not to “follow the intentions of the policy maker” like Hungwe did.

In the application the JSC said:

Zimbabwean courts of law or constitutional bodies are not obliged (as held by the court a quo) to “follow the intentions of the policy maker

With respect, it is not within the ambit or scope of power or authority of a judge of the High Court to set aside a clear and unambiguous provision of the constitution of Zimbabwe or to purport to suspend it under the guise of pending executive intent.

More: The Independent

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