organs against acts violating their fundamental rights… guaranteed under Article 7.1.a of the African Charter have been violated. The Respondent State on its part argues that their right to be heard has not been violated, noting that Complainants have disregarded the law. 161. The Respondent State operates a legal system where the Constitution reigns supreme. Article 3 of the Constitution of Zimbabwe provides that “this Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void”. This means any law that violates the Constitution, or any conduct that conflicts with it, can be challenged and struck down by the courts. 162. The fundamental rights of Zimbabweans are enshrined in Chapter 3 of the Constitution of Zimbabwe entitled theDeclaration of Rights (Bill of Rights). All legislation passed by Parliament must conform to the Bill of Rights provisions of the Constitution. If a legislative provision is inconsistent with the Bill of Rights, the courts, in particular, the Supreme Court, have been given the power to declare it to be void and of no force and effect. 163. This functions to determine constitutionality or compatibility or otherwise of laws with the Constitution rests with the Supreme Court of the Respondent State. Thus, when there are doubts about the constitutionality of a new legislation, persons affected are entitled to obtain a ruling from the Supreme Court as to whether or not the legislation is constitutional. 164. The Supreme Court has also been given extensive powers to provide appropriate remedies to persons whose fundamental rights have been violated. In terms of Section 24 (1) of the Constitution, if any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress. 165. In view of the importance attached to fundamental rights, Article 24 (4) provides that the Supreme Court shall have original jurisdiction to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such application which, in its opinion, is merely frivolous or vexatious; and… may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights. 166. In terms of the Constitution, there are at least two instances in which the Supreme Court can decline to entertain an application to determine the constitutionality of a law. The first is when in its view, the application is vexatious or frivolous; and the second is when the Supreme Court is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of the Constitution or under any other law. In the present communication, neither of the two grounds could apply. The Court did not find the application vexatious or frivolous and there was no other adequate means of redress of the issue as the Supreme Court in the Respondent State has original and final jurisdiction with respect to matters dealing with fundamental rights. 167. Article 24 of the Constitution does not provide any time bar or an indication on when one should approach the Supreme Court to seek redress for any alleged violation of their rights. The Constitution simply provides that anyone who believes his rights have been, are being or are likely to be violated can approach the Court. This means that a law can be challenged at any time, depending on the circumstances, and on how the alleged victim perceives the law as interfering with the enjoyment of their rights, that is, whether the law has already violated the person’s rights, whether the law is violating the person’s rights or whether the law is likely to violate the person’s rights. 168. In the case under consideration, the Complainants argue that the law enacted by Parliament is likely to violate their rights guaranteed under the Constitution of the Respondent State and under international human rights instruments. For this reason, they approached the Supreme Court to declare those sections of the law they believed would likely violate their rights, unconstitutional. In the Supreme Court, the Respondent State raised the point in limine that the Applicant (Complainants before the Commission), ought not to be heard on the merits as it had not sought registration. The Supreme Court upheld the Respondent State’s contention, and in its ruling advised the Applicant to

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