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Recusal re: Approach, Presumption of Judicial Impartiality, Nemo Judex in Sua Causa and the Doctrine of Necessity

HH11-08 : ALBERT MUGOVE MATAPO vs COMMANDER OF THE ZIMBABWE NATIONAL ARMY AND THREE OTHERS
Ruled By: HUNGWE J

There is an oblique reference to fear of bias from the courts martial. There is no basis for this fear. An unsubstantial claim such as this cannot be ground to exclude the clear jurisdiction of all matters military from the courts martial. In my view, the establishment of Courts Martial is consistent with similar organisations mandated ...
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HH166-09 : THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: HLATSHWAYO J

The first preliminary point of law that was raised pertaining to both matters was that of the recusal of the presiding judge. Recusal Application No formal written application for recusal of myself as the presiding judge was made in this case, despite the requirement for such an application having been drawn to the attention of the applicant, ...