TSVANGIRAI v MUGABE & ANOR 2006 (1) ZLR 148 (S)
Citation | 2006 (1) ZLR 148 (S) |
Case No | Judgment No. S-84-05 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Sandura JA, Cheda JA, Ziyambi JA and Malaba JA |
Heard | 17 November 2005 |
Judgment | 14 February 2006 |
Counsel | J J Gauntlett SC, with him A P de Bourbon SC and E T Matinenga, for the applicant |
Case Type | Constitutional application |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — s 24(2) — application for referral of an alleged contravention of Declaration of Rights to the Supreme Court — question arising during course of "proceedings" in High Court — meaning — when proceedings are pending — requirement to comply with provisions of s 24(2) — need to apply for referral to judge seized of the matter — procedure to be followed when court not actually sitting — complaint about delays caused by the judge — application resulting in judge being judge in his own cause — mandatory requirements of s 24(2) must be followed notwithstanding — incorrect finding by judge that such application is frivolous or vexatious — right of applicant in such event to apply to Supreme Court for redress
Words and phrases — "proceedings in the High Court" — Constitution of Zimbabwe 1980 — s 24(2) — means proceedings, which have been instituted in the High Court — proceedings in being from commencement of the action until termination of the matter in dispute
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