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Constitutional Rights re: Access to Courts, Legal Literacy, Judicial Independence, Impartiality, Dignity and Competence

HH78-02 : CONSTANCE PANGETI vs THE GRAIN MARKETING BOARD
Ruled By: MAKARAU J

This is an application for review brought in terms of Order 33 of the High Court Rules. The facts of the matter are not in dispute. They are as follows:The applicant joined the respondent in 1990 as a typist. This appears to have been on a temporal basis, for, in ...
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HH84-10 : ALBERT MATAPO and OTHERS vs MAGISTRATE BHILA and THE ATTORNEY GENERAL
Ruled By: UCHENA J

In the case of Take Save Trading CC Ors v Standard Bank of South Africa Ltd 2004 (4) SA 1 (SCA) HARMS JA..., said:“Everyone is entitled to a fair trial and that includes the right to a hearing before an impartial adjudicator. This common law right ...
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HH172-17 : TENDAI MANGWIRO vs MINISTER OF JUSTICE & LEGAL AFFAIRS (N.O.) and MINISTER OF HOME AFFAIRS (N.O) and ATTORNEY-GENERAL OF ZIMBABWE (N.O.)
Ruled By: MUSHORE J

I take judicial notice of the Constitutional provisions which emphasize the need for judicial impartiality and the independence of the judiciary in a democratic State. Section 164(2) of the Constitution…, emphasizes the necessity of State organs to assist in ensuring that the courts are not being undermined and that the dignity and independence of the judiciary is ...
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HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

Whilst, by section 69 of the Constitution, it is everyone's right to access the courts for the resolution of disputes, this right does not detract from the obligation of persons subject to special tribunals, like the applicant is, to appear before them, in appropriate situations. The High Court should not be embroiled prematurely in the internal ...
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HH281-16 : JOHANNES TOMANA vs JUDICIAL SERVICE COMMISSION and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MAKONI J

An acting judge is appointed in terms of section 181 of the Constitution. Such an appointment is limited to a former judge, and for a limited period, as provided for in section 181(3)….,. The independence of a judge is particularly protected in terms of the Constitution. Section 164(1) of the Constitution provides: “The courts are independent and are ...
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HH366-16 : JOHANNES TOMANA vs JUDICIAL SERVICE COMMISSION and THE MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MAKONI J

Counsel for the applicant indicated that the applicant intended to file a constitutional application challenging the refusal to refer the applicant's question to the Constitutional Court….,. What the applicant was raising with the Constitutional Court was a jurisdictional issue i.e. whether I could hear the substance of the matter. It was the applicant's absolute right to approach ...
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CC21-19 : NELSON CHAMISA vs EMMERSON DAMBUDZO MNANGAGWA and OTHERS
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC, UCHENA JCC and MAKONI JCC

THE DECISION TO BROADCAST THE COURT PROCEEDINGS Before considering the issues raised by the challenge to the validity of the Presidential election, it is necessary to explain the decision made to have the Court proceedings broadcast live on national television. Ordinarily, court proceedings in Zimbabwe are not televised. Court sessions are, however, open to members of the public, ...
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SC37-17 : TM SUPERMARKETS (PVT) LTD vs AVONDALE HOLDINGS (PVT) LTD and SHERIFF OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ

In Chidziva Ors v Zimbabwe Iron Steel Co Ltd 1997 (2) ZLR 368 (SC) muchechetere ja said…,: “In the present case, no real attempt was made to show that the appellants abandoned their rights with full knowledge of those rights. All that was submitted was that the appellants accepted the retrenchment packages. The respondent should have ...
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HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

All in all, I considered that none of the first respondent's technical objections aforesaid, individually or collectively, could block the determination of the matter on the merits seeing that the applicants' complaint was a breach of fundamental rights and freedoms enshrined in the Constitution. Section 85 of the Constitution says the fact that a person has ...
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HHH138-09 : THE STATE vs ROY LESLIE BENNNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and CHIVANDA

I would, at the outset, mention in passing that at the beginning of these proceedings we were advised that there were foreign observers who wanted to be introduced to members of the Court. While our courts are open to members of the public, we accord no special treatment to any class of persons regardless of ...
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HHMA55-18 : STATE vs PHILLIP GUVHU
Ruled By: MAFUSIRE J and MAWADZE J

A Magistrate Court is a court of record (section 5(1) of the Magistrates Court Act [Chapter 7:10]). A court record that fairly and accurately represents the proceedings and the findings facilitates the review of, or appeal from, such proceedings or findings. Admittedly, current resource limitations mean that judicial officers are condemned to the tedious and mechanical process ...
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HH197-15 : ROBSON MAKONI vs THE COLD CHAIN (PRIVATE) LIMITED t/a SEA HARVEST
Ruled By: CHIGUMBA J

Should our courts be courts of law or courts of justice? One would presuppose that the law is justice and that justice is the law. To the ordinary man, i.e. one who is untutored in the practice of the law and the pursuit of justice, it would appear that law and justice have a symbiotic relationship; ...
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HH572-14 : GLADYS MACHAWIRA vs PG INDUSTRIES (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

It is a very serious thing to withhold the court's jurisdiction from anyone. The speedy determination of civil rights and obligations by courts of law is one of the fundamental human rights and freedoms enshrined in the Constitution. Obviously, the right is not, and cannot be, absolute. Very few things in life are absolutes. But ...
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HHB129-09 : RAPHAEL TSHABANGU and NICHOLAS TSHABANGU and DUMEZWENI TSHABANGU vs THE STATE
Ruled By: NDOU J

We convicted the three applicants of murder on 12 June 2009. I sentenced the applicants to sixteen (16) years imprisonment. They noted an appeal against both conviction and sentence. They now seek leave to appeal to the Supreme Court.It took long for the matter to be set down as the ...
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SSC36-20 : TONIC MANGOMA vs THE STATE
Ruled By: MAKARAU JA, MAKONI JA and MATHONSI JA

This is an automatic appeal against both conviction and sentence. The appellant was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 22 September 2014.Upon conviction, the penalty of death was imposed.After hearing argument from counsel, this Court made the following order:“It is ...
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HB56-15 : GLADYS KARENGWA vs ALBERT MPOFU
Ruled By: MAKONESE J

This is a Chamber application for dismissal of the respondent's application in case number HC2718/13. The application has been initiated in terms of Order 32 Rule 236(3)(b) on the grounds that the respondent has failed to file an answering affidavit or heads of argument within the time stipulated by the ...
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HH87-12 : MARVELLOUS TARUONA vs MISHECK ZVAREVADZA and OTHERS
Ruled By: KUDYA J

The plaintiff has, apart from the fourth (Emmanuel Zvarevadza) and fifth (Darikai Butsa) defendants, been involved in legal combat with all the other parties in HC2765/05, Misheck Zvarevadza (first defendant), Dadirai Moses (second defendant), Shadreck Zvarevadza (third defendant), Cobra Security (Pvt) Ltd (sixth defendant), Controller of Private Investigations and Security ...