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PARADZA v CHIRWA & ORS NNO 2005 (2) ZLR 94 (S)

2005 (2) ZLR p94

Citation

2005 (2) ZLR 94 (S)

Case No

Judgment No. S-25-05

Court

Supreme Court, Harare

Judge

Chidyausiku CJ, Sandura JA, Ziyambi JA, Malaba JA & Gwaunza JA

Heard

17 February 2005

Judgment

23 August 2005

Counsel

J J Gauntlett SC, with him E Matinenga, for the applicant
No appearance for the first, second and third respondents
Mrs F C Maxwell, with her V Mabiza, for the fourth and fifth respondents

Case Type

Constitutional application

Annotations

Link to case annotations

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(9) — right to fair hearing — applicability — tribunal appointed to investigate question of removal of judge from office — not a court — not bound by s 18(9)

Constitutional law — Constitution of Zimbabwe 1980 — judge of High Court — removal from office — tribunal to investigate question — appointment of members of — whether President must personally select members — request to Chief Justice of another country to nominate judge as member — not a delegation of President's powers

Constitutional law — Constitution of Zimbabwe 1980 — President — executive powers of — exercise of such powers — extent to which may be exercised by Minister

Court — judge — removal from office — appointment of tribunal to inquire into question – how appointment may be made — procedure before tribunal — who should lead evidence – admissibility of evidence — tribunal not bound by rules of evidence

Evidence — admissibility — civil matter — illegally obtained evidence — court's discretion to admit

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