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Harare High Court

Erica Fungai Ndewere v The President of the Republic of Zimbabwe N.O. and 5 Others

HH 528-21

Case Details

Court
Harare High Court
Date
24 September 2021
Citation
HH 528-21
Neutral Citation
[2021] ZWHH 528
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Administrative lawConstitutional law
Keywords
MandamusJudicial removalTribunalAdministrative justiceSection 187 Constitution
Tags
Constitutional lawAdministrative justiceJudicial removal
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No 20) Act 2013
  • Constitution of Zimbabwe Amendment (No 20) Act 2013
  • Constitution of Zimbabwe Amendment (No 20) Act 2013
  • Administrative Justice Act
  • Administrative Justice Act
  • Judicial Services Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court had jurisdiction to issue a mandamus against the President","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"President's executive function in removing judge, s 187 constitutional provisions"}
  • {"issue_text":"Whether the applicant was entitled to costs against any respondents","issue_type":"procedural","dispositive":"yes","related_facts":"Matter settled out of court, applicant persisted with costs application"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a High Court judge, was removed from office by the President following a tribunal recommendation. She sought a mandamus compelling respondents to provide the decision and reasons for her removal, claiming breach of her right to administrative justice under s 68 of the Constitution.
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