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While the MDC T salutes the Constitutional Court for its strident
efforts in clearing its caseload it is disturbed by the one and half year
delay in concluding cases and the inordinate number of reserved
judgments and court orders without reasons. The MDC T laments
that the governments unwillingness to implement the Constitution is
the key cause of an avoidable increase in constitutional court
applications. It warns that these constitutional challenges are going
to increase with increased public constitutional awareness, thereby
spawning a veritable constitutional crisis.
The MDC T sees no reason why the stand alone Constitutional Court,
physically separate from the Supreme Court as established by section
166 of the Constitution should wait for the four more years
envisaged by the 6th Schedule to the Constitution. The reality of
constitutional justice as explained by the Honourable Chief Justice
demands it, and the 6th schedules wording permits its operation
now.
The MDC T therefore implores
1. The Attorney General to advise his client the government on
its obligation to urgently and robustly implement the
Constitution in order to avoid unnecessary Constitutional
Court litigation, and in any to event concede the to
unconstitutionality of its clients actions and desist forthwith
from defending the indefensible actions of his client
2. The Judicial Services Commission to interview more judges for
appointment to the Supreme Court so that the there is a
sufficient complement of 5 judges to conduct Constitutional
Court duties exclusively while in the meantime appointing
acting Constitutional Court judges
3. The Judicial Service Commission to make all haste to
promulgate the long outstanding rules of the Constitutional
Court, as well as review all court rules to accord with the
Constitution and to address the gaps such as the disposal of
dormant cases the Honourable Chief Justice mentioned
4. The Judicial Service Commission to implement a programme of
training of all judicial officers in all courts below the Supreme
Court on the to exercise of their new constitutional dispute
jurisdiction
5. The Judicial Services Commission to interview and appoint
judges to the Electoral Court so that it ceases the
unconstitutional practice of appointing High Court judges to