This is an application for a review of criminal proceedings which are pending before the first respondent, in the Regional Court, Eastern Division, Harare. What has necessitated the application whilst the criminal proceedings are still pending is an interlocutory application that was made by the applicant for referral of the proceedings to the Constitutional Court. More
The applicants are members of Citizens Coalition for Change (“CCC”) - a political party which plays opposition politics in Zimbabwe. All ten of them and nine others who are not part of this application were elected into Parliament on the CCC party ticket on 1 April 2022. The colour YELLOW is, in a large measure, associated with the dress code of members of CCC. They wear yellow shirts, dresses and other forms of dress during meetings, rallies or other gatherings of the party. Yellow, judicial notice is taken, would appear to be the members’ uniform, so to speak. More
This matter was placed before me as an urgent chamber application. The applicant seeks the following provisional order.
TERMS OF THE INTERIM RELIEF GRANTED
That pending the final determination of this application, applicant is granted the following interim relief;
1. The 4th respondent or any of his authorised officers, assignees or agents, be and are hereby ordered to suspend the sale in execution of stand No 174 Banket Township set for 8 September 2023.
2. Costs of this application shall be determined in the application for consolidation case no. HC 6659/20. More
The Applicant was aggrieved and has approached this Court for direct access in terms of s 167 (5) (a) of the Constitution of Zimbabwe. The Applicant submits that three of his fundamental rights enshrined in Chapter 4 of the Constitution were infringed by the Supreme Court in SC 09/20 through judgment number SC-24-22. As already noted, the three rights that the applicant alleges were infringed are the right to the protection of the law as enshrined in terms of s 56 (1) of the Constitution, the right to a fair hearing enshrined in s 69 (2) of the Constitution and... More
The parties have been in and out of the courts embroiled in ferocious battles over the ownership, possession and occupation of a certain piece of property commonly known as the Remainder of Subdivision C of Plot 6 of Lots 190, 191, 193, 194 and 195 of Highlands Estate of Welmoed also known as number 41 Ridgeway North, Highlands, Harare (the property). More
When this matter resumed on 16 January 2023, the matter could not be heard. The reason being that counsel for the Plaintiff made an oral application for the recusal of this court. He emphasized then that the reason for the recusal had absolutely nothing to do with this Lordship’s integrity or bias on the Lordship’s part but premised upon first Defendant’s conduct in causing another Lordship to recuse himself, and the Plaintiff had developed a discomfort to have this matter presided over by this Court. The counsels for the first Defendant challenged the application on the basis that they had... More
1. This is an application brought in terms of s 123 (1) (a) (i) of the Criminal Procedure and Evidence Act [ Chapter 9:07] as read with Rule 90 (4) (e) of the High Court Rules, 2021 for the admission of the applicant to bail pending appeal against conviction and sentence. More
