The right to vote lies at the centre of every constitutional democracy. Such a right falls under political rights which a citizen is entitled to enjoy and same are constitutionally protected, and in the Zimbabwean case, under Section 67 of the Constitution of Zimbabwe Amendment (No 20) Act 2013 (hereinafter referred to as the “Constitution”). More
The applicant approached the court through the urgent chamber book seeking a provisional order to interdict the Commissioner General Zimbabwe Republic Police and those acting under his instruction or command from conducting supervised postal ballot voting of any police officer. In the main the applicant sought a declaratur that the conduct of postal ballot voting of police officers of Zimbabwe Republic Police Ross Camp Bulawayo held on 12 July 2018 be declared null and void as it violated the constitution and applicable law. Further the applicant sought that the first respondent, Zimbabwe Electoral Commission (hereafter called ZEC) immediately organise, conduct... More
There was only one applicant before me.
Despite the citation of Shireem Ismail as the second applicant, it was common cause that she was not before me. The application was filed on 23 August 2018. Shireem Ismail died on 10 November 2016 at Rusape. May her soul rest in eternal peace.
After hearing argument on 3 September 2018 I dismissed the application with costs.
These are my reasons.
This is an urgent chamber application for stay of eviction pending determination of an application for rescission of default judgment. More
The applicant approached the court through the urgent chamber book seeking for an interdict pendente lite. The order sought seeks to restrain the respondents in particular fourth respondent from evicting and or disrupting the applicant’s farming activities at subdivision 11 of Chipinge West Annex pending the finalisation of proceedings under case number HC 52/18. More
On 12 July 2018 after considering written and oral submissions by both counsel, I gave an extempore judgment dismissing the application for bail pending trial. More
This is an application for rescission in terms of Order 49 r 449 (1) (a) of the High Court rules, 1971. On or around the 27th December 2011, the applicant, Munashe Shava, took out a loan with the respondent bank, for US$36,700-00 under a group loan facility. The effect of the agreement was that the respondent would disburse money to the applicant upon applicant’s request to the maximum limit of US$36,700-00. Interest was to be levied on the loan at the rate of 23% per annum. Repayments on the loan were set at US$2922-00 per month. Full payment of the... More
Before ZIYAMBI AJA, in chambers in terms of r 5 of the Rules of the Supreme Court, 1964.
[1] This application is brought in terms of ‘Rule 63 as read with Rule 449 (1)(a) of the High Court Rules’ 1971 for condonation of the late noting of an application for rescission of a default judgment given in chambers by MAVANGIRA JA in chambers on the 13 July 2017. More
