Between principle and practice: Participator constitutionalism and judicial restraint in Fuza and Wakurawarehwa v Parliament of Zimbabwe
The Constitutional Court of Zimbabwe dismissed a challenge against the Private Voluntary Organisations Amendment Act, 2025, despite acknowledging the importance of participatory constitutionalism. While the court affirmed the right to public participation, it ruled that the applicants failed to provide sufficient evidence of systemic failure in the legislative process.
Why it matters
The ruling sets a significant legal precedent regarding the balance between judicial restraint and the enforcement of constitutional rights to public engagement in lawmaking.
The Constitutional Court of Zimbabwe's decision in Passionate Fuza and Jonah Wakurawarehwa v Parliament of Zimbabwe marks a significant moment in the development of participatory constitutionalism under the Constitution of Zimbabwe, 2013.
The analysis provides a balanced legal critique of the court's decision, acknowledging both the normative principles and the conservative application.
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