Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review

Type Journal Article - African Human Rights Law Journal
Title Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
Author(s)
Volume 16
Issue 2
Publication (Day/Month/Year) 2016
Page numbers 554-568
URL http://www.scielo.org.za/scielo.php?pid=S1996-20962016000200012&script=sci_arttext&tlng=en
Abstract
This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. The review highlights three areas where the judgment makes a significant jurisprudential contribution: first, with respect to the issue of standing to bring a constitutional challenge under the Zimbabwean Constitution; second, with respect to the use of international treaty law and foreign case law; and third, in its purposive approach to the interpretation of the relevant constitutional provisions relating to child marriage. The regional impact of the decision is also considered in relation to recent litigation in Tanzania.

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