MARIMO & ANOR v MINISTER OF JUSTICE & ORS 2006 (2) ZLR 48 (S)
Citation | 2006 (2) ZLR 48 (S) |
Case No | Judgment No. S-25-06 |
Court | Supreme Court, Harare |
Judge | Sandura JA, Cheda JA, Ziyambi JA, Malaba JA and Gwaunza J.A |
Heard | 12 January 2006 |
Judgment | 25 July 2006 |
Counsel | E T Matinenga (with him Miss E Mushore), for the applicants |
Case Type | Constitutional application |
Annotations | No case annotations to date |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18 — right to protection of the law — right to determination of case by court "established by law" — Electoral Court — appointment of judges not in conformity with Constitution — court not properly constituted and thus not a court "established by law"
Constitutional law — Constitution of Zimbabwe 1980 — judges — appointment of — appointment of High Court judges to serve in inferior courts — may only be appointed to serve in "special courts" — procedure to be followed for appointment to serve in a special court — effect of failure to follow procedure
Elections — Electoral Court — status of court — a "special court" for purposes of s 92(1) of the Constitution — appointment of High Court judges to preside over Electoral Court — procedure to be followed — need for President or Chief Justice to consult Judicial Service Commission — procedure for appointment under s 162 of Electoral Act not in conformity with Constitution — appointments made in accordance with s 162 invalid
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