📄 Summary of the Notice of Opposition

 

This document is a Notice of Opposition filed in the Constitutional Court of Zimbabwe, case number CCZ/47/25.

🏛️ Case Details

  • Court: Constitutional Court of Zimbabwe, Held at Harare.

  • Case Number: CCZ/47/25.

     

  • Date Received by Court: 21 Nov 2025.

  • Applicants: 1st Applicant: MOREPRECISION MUZADZI.

    • 2nd Applicant: PARDON GAMBAKWE.

  • Respondents (Partial List):

    • 1st Respondent: PRESIDENT EMMERSON D MNANGAGWA.

    • 2nd Respondent: SPEAKER OF PARLIAMENT (N.O.) / SPEAKER OF NATIONAL ASSEMBLY.

    • 3rd Respondent: MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS (N.O.).

    • 4th Respondent: THE ZIMBABWE ELECTORAL COMMISSION.

    • 5th Respondent: ZIMBABWE HUMAN RIGHTS COMMISSION.

    • 6th Respondent: ATTORNEY GENERAL (N.O.).

⚖️ Opposition Details

  • Party Opposing: The 2nd Respondent (Speaker of Parliament / National Assembly).

  • Affiant: JACOB FRANCIS NZWIDAMILIMO MUDENDA, in his capacity as the Speaker of National Assembly and Head of Parliament.

  • 2nd Respondent’s Legal Practitioners: CHIHAMBAKWE & PARTNERS.

  • Date Sworn: 19th day of November, 2025.

🛑 Grounds for Opposition

 

The 2nd Respondent opposes the application on the following principal grounds:

  • Premature and Not Ripe for Adjudication: The application is clearly premature, speculative, and not ripe for adjudication.

  • Hypothetical Scenarios: The averments are based on hypothetical scenarios, which the Court does not entertain or pass judgments for.

  • No Constitutional Bill Submitted/Tabled: No Constitutional Bill has been submitted to Cabinet, gazetted in terms of Section 328(3) of the Constitution, or tabled before Parliament concerning the issues raised.

  • Lack of Power under Section 97: The 2nd Respondent (Speaker) cannot be ordered to initiate the process of removing a sitting President under Section 97 of the Constitution, as this section does not confer such power upon the Speaker.

  • Frivolous and Vexatious: The application is described as clearly frivolous and vexatious.

📝 Relief Sought

The 2nd Respondent prays for the dismissal of the Application with costs on a higher scale.

Notice of Opposition CCZ 47_25_signed

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