HMA 13-10 - Chinanzvavana v Minister of Justice & Others

The downloadable document below contains the March 2019 judgment by Justice Mafusire on the interpretation of section 251 of the Constitution and dealing with the starting point of the 10-year life-span of the National Peace and Reconciliation Commission.

[v] Conclusion
[55] The application of all the canons of construction considered above returns the same result. It is my conclusion that the reference to ten years in s 251(1) of the Constitution is in relation to the life of the NPRC after its establishment after the effective date, and not the period within which it must be established. Unquestionably, it must have been established immediately after, or as soon as practicable, after the effective date in line with s 324 of the Constitution.
[56] In the result, except for the prayer for costs, there is nothing wrong or irregular in the nature, form or substance of the relief sought by the applicant. But with costs, it is now established practice to make no award in public interest litigation, which this case by all means is. Accordingly the following order is hereby granted:
1 The National Peace and Reconciliation Commission that is established in terms of s 251 of the Constitution shall have tenure of life of ten years deemed to have commenced on 5 January 2018 with the gazetting as law of the National Peace and Reconciliation Act, Cap 10:32.
2 There shall be no order as to costs

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