SHORT BRIEF: When an individual or a public official appeals to the Supreme Court over their removal from a parliamentary posting, a legal principle known as “suspension by operation of law” comes into effect. This principle means that, by default, the removal is temporarily suspended or put on hold until the Supreme Court conducts a hearing on the matter.
The rationale behind this suspension is to ensure that the individual’s rights and legal interests are protected while the case is being considered by the highest judicial authority. It prevents the immediate and potentially irreversible consequences of the removal, such as the loss of their position or responsibilities, pending the final decision by the Supreme Court.
It is a fundamental aspect of due process and the rule of law, as it grants individuals the opportunity to have their case heard and evaluated by an impartial and higher authority before any irreversible actions are taken against them. The specifics of how this process operates can be detailed in the legal system’s rules, regulations, and precedents in the Zimbabwean jurisdiction.