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Supreme Court

Erica Fungai Ndewere v (1) The President of the Republic of Zimbabwe (2) Simbi Veke Mubako (3) Charles Warara (4) Yvonne Masvora

[2023] ZWSC 13

Case Details

Court
Supreme Court
Date
9 February 2023
Citation
[2023] ZWSC 13
Judgment No.
SC 13/23
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Mathonsi JA
Full Bench
Mathonsi JAChatukuta JAMwayera JA
Areas of Law
Constitutional lawAdministrative lawJudicial review
Keywords
Judge removalTribunalConstitutional obligationJurisdictionPresidential decision
Tags
Judicial removalTribunal recommendationsPresidential powersConstitutional jurisdiction
legislation
Statutes Cited
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • High Court Act
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court had jurisdiction to review the recommendations of the Tribunal and the President's decision to remove the appellant from office","issue_type":"procedural","dispositive":"yes","related_facts":"The President acted on Tribunal recommendations under s 187(8); the appellant sought to set aside both recommendations and Presidential decision"}
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background
Facts of the Case

Background

The appellant, a High Court judge, was removed from office by the President following recommendations from a Tribunal appointed under s 187 of the Constitution. She sought to review the Tribunal's recommendations and the President's decision in the High Court, which declined jurisdiction. She appealed to the Supreme Court.
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