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Constitutional Appointments, Body Established by the Constitution, Administrative Powers, Tenure and Misconduct

HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The first respondent is the Chairman of the Zimbabwe Electoral Commission, a Commission established in terms of section 61(1) of the Constitution of Zimbabwe. He was appointed in terms of section 61(1)(a) of the Constitution.
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HH23-12 : AUSTIN ZVOMA vs LOVEMORE MOYO N.O. and NOMALANGA KHUMALO N.O .and BRIAN TSHUMA N.O. and SHEPPARD MUSHONGA N.O. and EDNA MADZONGWE N.O. and WILLIAS MADZIMURE N.O. and LYNETTE KARENYI N.O.
Ruled By: BERE J

On 12 December 2011, the applicant filed an application in this court under Case No. HC12336/11 seeking a prohibitory interdict against the respondents.The remedy sought was to prevent the respondents from moving or accepting any motion from any member of the House of Assembly to dismiss the applicant without the ...
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HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

The applicant is a duly registered company in terms of the laws of this country. It is in the business of importing and marketing fuel in terms of licence number 000228 issued by the respondent Ministry on the 2nd of January 2009.It is common cause that on the 4th of September 2009 a consignment of 476,427 litres ...
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HH14-10 : SOBUZA GULA-NDEBELE vs CHINEMBIRI ENERGY BHUNU N.O.
Ruled By: MAKARAU JP

The applicant was the Attorney General for the Republic of Zimbabwe up to May 2008 when he was removed from that office.His removal from office was publicly announced by a notice appearing in the Government Gazette of 16 May 2008. Following this, a letter was dispatched to him by the Chief Secretary to the President ...
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HH14-10 : SOBUZA GULA-NDEBELE vs CHINEMBIRI ENERGY BHUNU N.O.
Ruled By: MAKARAU JP

It presents itself clearly to me, however, that where the recommendation of the Tribunal has been implemented, as required by the Constitution of Zimbabwe, then the decision of the Tribunal ceases to have any independent status, and becomes imbedded in and forms an integral and inseparable part of the action of the President. Section 110(3) of ...
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SSC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

This is a matter on appeal from a decision of the High Court handed down on 19 October 2011. It concerns the powers of the Attorney-General, the respondent, in the specific context of private prosecutions by corporate entities. The factual circumstances of this matter are common cause. In early 2010 four senior employees of the appellant were ...
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Appealed
HH86-11 : MOVEN KUFA and THE VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE N.O and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE N.O and OTHERS
Ruled By: CHIWESHE JP

In this opposed application, the applicants seek an order in the following terms:“IT IS ORDERED THAT:1. The purported appointments and entry into office as Ministers of:SAVIOUR KASUKUWERE;JOSEPH MADE;WALTER MUZEMBI;FLORA BHUKA;SYLVESTER NGUNI;HENRY MADZORERA; GILES MUTSEKWA; andSEKAI HOLLANDare hereby declared to be null and void.ALTERNATIVELY1. 1st respondent and 2nd respondent be and are hereby directed, within seven days of the date of service of this order ...
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HB43-10 : QHUBEKANI DUBE and MQONDISI MOYO and PHATHISANI NONDO vs CONSTITUTIONAL SELECT COMMITTEE (COPAC)
Ruled By: NDOU J

The respondent, the Constitutional Select Committee (COPAC), is a Parliamentary body set up in terms of the Constitution of Zimbabwe (as amended by the Constitution of Zimbabwe Amendment Number 19 of 2008) to spearhead the drafting of a new Constitution.
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HB172-13 : JUDICIAL SERVICE COMMISSION vs HLEZIPHI NDLOVU and NONKULULEKO MKHONTO and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MOYO J

In terms of Section 180(2) of the Constitution, the Judicial Service Commission does the administrative work leading to the appointment of judges. In terms of the same section subsection (3), the authority to appoint the nominees selected by the Judicial Service Commission (in terms of section 180(2)) vests in the President of the Republic of ...
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SSC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

ATTORNEY-GENERAL'S DISCRETION The requirements for the issuance of a certificate nolle prosequi are crisply spelt out in section 13 of the Criminal Procedure and Evidence Act [Chapter 9:07]. As was expounded by GUBBAY JA in Levy v Benatar 1987 (1) ZLR 120 (S)….: “The private party concerned must show: (i) Some substantial and peculiar interest; (ii) In the issue of the ...
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SSC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

ORIGINS OF RIGHT OF PRIVATE PROSECUTION Before addressing the status of corporate entities in the prosecutorial context, it seems necessary to delineate the historical background to private prosecutions generally. As was recognised and restated in section 89 of the former Lancaster House Constitution: “Subject to the provisions of any law for the time being in force in ...
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CC13-17 : IN RE: PROSECUTOR-GENERAL OF ZIMBABWE ON HIS CONSTITUTIONAL INDEPENDENCE AND PROTECTION FROM DIRECTION AND CONTROL vs x
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC and UCHENA JCC

After hearing counsel in this matter, we handed down the following order: “It is ordered that: 1. The application be and is hereby dismissed with costs on a legal practitioner and client scale in favour of both amici curiae. 2. It is apparent from the record of these proceedings that orders were issued by the High ...
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SC31-10 : COMMERCIAL FARMERS UNION and OTHERS vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

In any event, section 76 of the Constitution provides for the independence of the Attorney-General. It provides, in section 76(7), that the Attorney-General shall not be subject to the direction or control of any person or authority in the exercise of his prosecutorial authority.
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HB57-16 : HAMUTENDI KOMBAYI and OTHERS vs MINISTER OF LOCAL GOVERNMENTand PROVINCIAL ADMINISTRATOR, MIDLANDS PROVINCE and DR LUCKSON CHIKUMBIRIKE NO. and MR G. N KHOSA NO. and NICHOLAS MOYO NO.
Ruled By: BERE J

When section 278 of the Constitution speaks to the need to appoint an independent tribunal to look into the allegations raised against the applicants; it means much more than handpicking those who constitute such a tribunal. The qualifications of those independent members of such a tribunal must not be a subject of speculation but ...
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SC68-17 : JUDICIAL SERVICE COMMISSION vs ROMEO TAOMBERA ZIBANI and OTHERS
Ruled By: HLATSHWAYO JA, PATEL JA and ZIYAMBI AJA

The critical provision of the Constitution, for present scrutiny, is section 180, which provides for judicial appointments as follows: “(1) The Chief Justice, the Deputy Chief Justice, the Judge President of the High Court and all other judges are appointed by the President in accordance with this section. (2) Whenever it is necessary to appoint a judge, the ...
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CC05-18 : JUSTICE MAVEDZENGE vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and CHAIRPERSON - ZIMBABWE ELECTORAL COMMISSION and ATTORNEY GENERAL
Ruled By: MALABA CJ, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC, UCHENA JCC and ZIYAMBI AJCC

Section 235 of the Constitution provides as follows: “235 Independence of Commissions (1) The independent Commissions - (a) Are independent and are not subject to the direction or control of anyone; (b) Must act in accordance with this Constitution; and (c) Must exercise their functions without fear, favour or prejudice; although they are accountable to Parliament for the efficient performance of their functions. (2)…,. (3) No person ...
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HH465-15 : ELIAS GAMBAKWE and SANANGURAI MUCHAKABARWA and OTHERS vs HEBERT CHIMENE and BIKITA DISTRICT ADMINISTRATOR and MASVINGO PROVINCIAL ADMINISTRATOR and MINISTER OF LOCAL GOVERNMENT N.O.
Ruled By: UCHENA J

Section 342(1) of the Constitution provides as follows; “342 (1) A power, jurisdiction or right conferred by this Constitution may be exercised, and a duty imposed by this Constitution must be performed, whenever it is appropriate to do so.”….,.
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CC01-19 : ZIMBABWE LAW OFFICERS ASSOCIATION and DERECK CHARAMBA vs NATIONAL PROSECUTING AUTHORITY and PROSECUTOR GENERAL N.O. and MINISTER OF JUSTICE N.O. and COMMISSIONER GENERAL OF POLICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

The first respondent is the National Prosecuting Authority (the NPA) established in terms of section 258 of the Constitution. It is the body tasked with instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions necessary or incidental to such prosecutions.
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CC22-17 : MOVEN KUFA and VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE and OTHERS
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA and OMERJEE AJA

This is an appeal against the decision of the High Court dismissing with costs an application made by the appellants seeking an order declaring the appointment of certain ministers of Government to be unconstitutional, and, in the alternative, an order directing the first and second respondents to act in accordance with the provisions of the Constitution….,. FACTUAL BACKGROUND On 15 September 2008, ...
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CC07-19 : LEVI NYAGURA vs LANZANI NCUBE N.O. and THE PROSECUTOR-GENERAL OF ZIMBABWE and TAPIWA GODZI and MICHAEL CHAKANDIDA
Ruled By: MALABA CJ and UCHENA JCC and MAKONI JCC

This is a chamber application for an order for direct access to the Constitutional Court (“the Court”) made in terms of Rule 21(2) of the Constitutional Court Rules, S.I.61 of 2016 (“the Rules”). FACTUAL BACKGROUND In 2014, the University of Zimbabwe awarded a Doctor of Philosophy degree to Mrs Ntombizodwa Grace Mugabe (nee Marufu) (“Mrs Mugabe”). The applicant was ...
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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

With regard to the conflicted position of the Chief Justice, the applicant is falling into error of conflating the two distinct functions of the Chief Justice as provided for in the Constitution. In one, he will be exercising his judicial powers as a Judge, and, in the other, administrative powers as Head of the Judicial Services Commission. ...
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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 allegation that the Zimbabwe Electoral Commission lacked independence was without foundation. It was made for the sake of making it. It must have been known to the applicant that the Commission is one of the Independent Commissions established under Chapter 12 of the Constitution. One of the general objectives for which Independent Commissions were established is ...
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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

The core of the applicants' evidence was a report by the Zimbabwe Human Rights Commission, a body established in terms of section 242 of the Constitution with wide-ranging functions that include the promotion of awareness; respect; protection; attainment and observance of human rights at all levels of society, and the protection of the public against the ...
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SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

The first respondent, is the Zimbabwe Electoral Commission (ZEC), established in terms of section 238 of the Constitution. Although it is established under the Constitution it carries out its mandate in terms of the Electoral Act [Chapter 2:13] the (“Act”).
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HHH74-18 : THE PROSECUTOR GENERAL OF ZIMBABWE vs SHMUEL KLEIN
Ruled By: CHITAPI J and MUSHORE J

In this appeal, the Prosecutor General, pursuant to an order for leave to appeal having been granted by a judge of this court on 19 August 2014, noted an appeal against the acquittal of the respondent by the Regional Magistrate Eastern Division on 26 April, 2012.The respondent, then a 58 ...
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SC27-18 : GETRUDE MUTASA and DIDYMUS MUTASA vs THE REGISTRAR OF SUPREME COURT and NYAKUTOMBWA MUGABE LEGAL COUNSEL and SHERIFF OF ZIMBABWE
Ruled By: GUVAVA JA

This is a chamber application made in terms of Rule 12 of the Supreme Court Rules, 1964.The brief background to this application may be summarised as follows:The applicants are husband and wife. They approached the court a quo, by way of urgent chamber application, seeking a stay of execution and ...
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SC29-09 : BLUE RANGERS ESTATES (PVT) LTD vs JAMAYA MUDUVIRI and THE MINISTER OF LANDS AND RURAL RESETTLEMENT
Ruled By: MALABA DCJ

On 9 March 2009 the High Court made a spoliation order for the restoration of peaceful and undisturbed possession of Twyford Estate in Chegutu to the applicant at the same time directing the first respondent and all those claiming possession of the property through him to vacate the farm forthwith ...
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CC20-17 : MORGAN TSVANGIRAI vs ROBERT MUGABE and ZIMBABWE ELECTORAL COMMISSION and RITA MAKARAU, N.O. and CHIEF ELECTIONS OFFICER
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, HLATSHWAYO JA, CHIWESHE AJA and MAVANGIRA AJA

The office of President is an elective public office established by the Constitution.Executive powers are assigned to the office to be held in the interest of Zimbabwean citizens and used for their benefit....,.Every constitutional democracy sets great value on the office of President in the distribution of the powers of ...
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SC07-22 : POLICE SERVICE COMMISSION and THE COMMISSIONER GENERAL OF POLICE vs DHERERAI MANYONI
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

The first appellant is a Commission established in terms of section 221(1) of the Constitution. Its mandate, amongst others, is to fix and regulate the affairs of the members of the Police Service Commission.
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SSC23-21 : SAMUEL UNDENGE vs THE STATE
Ruled By: UCHENA JA

This is an application for extension of time within which to apply for leave to appeal. After hearing submissions from both parties I reserved judgment.FACTUAL BACKGROUNDThe applicant is the former Minister of Energy and Power Development. He, amongst other things, supervised Zimbabwe Power Company (ZPC). On 14 January 2016, the ...
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Appealed
HH405-20 : ROBIN VELA vs AUDITOR GENERAL OF ZIMBABWE N.O. and BDO ZIMBABWE CHARTERED ACCOUNTANTS (whose partners are Ngoni Kudenga, Gladman Sabarauta, Martin Makaya, Gilbert Gwatiringa and Jonas Jonga)
Ruled By: CHINAMORA J

Introduction: This is an application brought in terms of section 3(1)(a) as read with section 4 of the Administrative Justice Act [Chapter 10:28] (“the AJA”); as read with sections 26 and 27 of the High Court Act [Chapter 7:06], together with the common law.The applicant alleges infringement of his fundamental ...
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SC61-22 : BDO ZIMBABWE CHARTERED ACCOUNTANTS vs ROBIN VELA and THE AUDITOR GENERAL OF ZIMBABWE
Ruled By: BHUNU JA, MATHONSI JA and CHIWESHE JA

INTRODUCTIONThis judgment involves two consolidated appeals from the High Court (the court a quo) being case numbers SC258/20 and SC285/20. The court issued a consolidation order dated 29 March 2021 by consent of the parties. Both appeals are based on the same record of proceedings and issues in the court ...
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Appealed
HH287-20 : PENELOPE STONE and RICHARD BEATTIE t/a THE STONE/BEATTIE STUDIO vs CENTRAL AFRICAN BUILDING SOCIETY and RESERVE BANK OF ZIMBABWE and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT
Ruled By: ZHOU J

This is an application for an Order that:1. The first Respondent pays a sum of US$142,000 together with interest thereon at the rate of 5% per annum from 28 November 2016 to the date of payment within seven days from the date of this order.2. In the alternative, the Applicants ...
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SC105-21 : WALTER MAGAYA vs ZIMBABWE GENDER COMMISSION
Ruled By: GOWORA JA, PATEL JA and UCHENA JA

The appellant is a clergyman of the Prophetic Healing and Deliverance Ministries, commonly known as the PHD Ministries. The respondent is the Zimbabwe Gender Commission (“the Commission”), an independent commission provided for in accordance with section 245 of the Constitution and established as a body corporate in terms of section ...
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HHH374-19 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE N.O.
Ruled By: HUNGWE J and WAMAMBO J

The appellant was convicted of rape, as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], by the Regional Magistrate, Harare, and sentenced to 14 years imprisonment of which four years were suspended for five years on the usual conditions, on 11 July 2016.The appellant ...
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Appealed
SC119-21 : MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS vs CONCILIA CHINANZVAVANA and THE NATIONAL PEACE AND RECONCILIATION COMMISSION
Ruled By: GWAUNZA DCJ, GUVAVA JA and BHUNU JA

This is an appeal against the entire judgment of the High Court sitting at Masvingo dated 13 March 2019. In this case, the court a quo granted a declaratory order sought by the first respondent in the following terms:“The National Peace and Reconciliation Commission that is established in terms of ...
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HMA13-19 : CONCILIA CHINANZVAVANA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: MAFUSIRE J

Section 251(1) of the Constitution of Zimbabwe says:“For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –”The rest is not immediately relevant.The applicant is a Member of Parliament for the House of Assembly ...
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CC02-21 : TEMBA MLISWA vs PARLIAMENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE AJCC, MAKARAU AJCC, GOWORA AJCC, HLATSHWAYO AJCC and PATEL AJCC

That the power granted to the courts by the new Constitution, to hold public officers accountable to the Constitution, marks a clear departure from the State power sharing arrangement provided for under the repealed Constitution, and the jurisprudence that emerged under that order is now commonplace.Our constitutional order has evolved ...
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Appealed
CC07-21 : MARX MUPUNGU vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GWAUNZA ACJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHAWAYO JCC, PATEL JCC and GUVAVA AJCC

MAKARAU JCC:This is an application in terms of section 175(3) of the Constitution of Zimbabwe, for the setting aside in its entirety, of a High Court declaratory order handed down on 15 May 2021. The order, issued in respect of two distinct and separately filed applications, invalidated certain conduct by ...
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CC13-21 : ZIMBABWE WOMEN LAWYERS ASSOCIATION vs THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GARWE JCC, MAKARAU JCC and GOWORA JCC

In Doctors for Life International v The Speaker of the National Assembly CCT 12/05 NCOBO J, whilst dealing with the competence of the Constitutional Court to interfere with the autonomy of Parliament to regulate its internal proceedings, made the following pertinent remarks:“(68) Courts in other jurisdictions, notably in the Commonwealth ...
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Appealed
HH510-20 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIKOWERO J

This is an application for review of the Judicial Service Commission's decision to advise the President that the question of removing the applicant from the office of a judge ought to be investigated.The applicant is a judge of the Supreme Court and the Constitutional Court of the Republic of Zimbabwe.The ...
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SC01-22 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court (court a quo). The suspension from office of the appellant led to a flurry of court applications in the court a quo. This is just one of them in which the court a quo dismissed the appellant's application.The ...
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CC14-20 : HILTON CHIRONGA and RASHID MAHIYA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HOME AFFAIRS and MINISTER OF DEFENCE and GOVERNMENT OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act 2013 (“the Constitution”) adopted the rule of ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

IntroductionThis judgment is in respect of two matters, HC2128/21 and HC2166/21. The two matters were heard together because the substance of their complaints is the same.Both matters were brought by way of application. HC2128/21 was instituted as an urgent court application while HC2166/21 was brought as an urgent chamber application.Both ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

IntroductionThis judgment is in respect of two matters, HC2128/21 and HC2166/21. The two matters were heard together because the substance of their complaints is the same.Both matters were brought by way of application. HC2128/21 was instituted as an urgent court application while HC2166/21 was brought as an urgent chamber application.Both ...
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HHH531-17 : STATE vs JOHANNES TOMANA
Ruled By: CHITAPI J

Section 187 of the Constitution..., deals with the removal from office of judges and applies to the Prosecutor General....,.The process of the removal from office of the Prosecutor General, during his or her tenure of office, follows the same procedure as that of the removal of judges from office. This ...
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HHH531-17 : STATE vs JOHANNES TOMANA
Ruled By: CHITAPI J

“Much ado about nothing.”; 'Storm in a tea cup.'One cannot find a better phrase to aptly describe the comedy of errors displayed by the National Prosecuting Authority, and, in particular, its Acting Prosecutor General.An important and serious case involving a high ranking Government and Constitutional appointee in the stead of ...
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