Biti & Anor v Ministry of Justice, Legal & Parliamentary Affairs & Anor 2002 (1) ZLR 177 (S)

Mr Biti was an applicant in this matter with A P de Bourbon standing for him. — this was a    conditional law case — Parliament — Standing orders.The applicants applied to the Supreme Court in terms of s 24 of the constitution of a declaration that a bill, subsequently promulgated as an Act, had not been lawfully enacted by Parliament. The bill had been negatived at its third reading but too days later, on the motion of the minister responsible for he bill, Parliament resolved to suspend the standing order which prohibited the interdiction of the same bill twice in the same session and resolved to rescind its decision on the bills third reading, and this time it was passed by the House. The applicants a member of Parliament and his polecat part, complained that the manner in which the Bill was passed was unlawful and failed to afford them due process and protection of law

held, that s 18 of the constitution gartunees all persons, inside and outside parliament, the right to protection of the law, which includes the right to due process. the application was therefore properly before the supreme court in terms of s24 of the constitution.

held, further that parliament’s stated orders being made in terms of s 57 pop the constitution must be obeyed and followed. Parliament cannot suspend them for the expedience of a party. It is required to comply with its own laws regarding the enactment of legislation.

Held, that Standing Order 127, which prohibits the introduction in parliament of a bill which is substantially the same in binding in the Zimbabwean Parliament.

Held, further that Zimbabwe is a constitutional democracy in which it is for the court not Parliament to determine the lawfulness of actions of bodies, including Parliament the supreme court has not only the power but the duty to determine whether or not legislation has been enacted as required by the constitution Parliament can do only what is authorise by law— specifically the constitution