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Constitutional Court

Erica Fungai Ndewere v The President of Zimbabwe

[2025] ZWCCZ 3

Case Details

Court
Constitutional Court
Date
26 March 2025
Citation
[2025] ZWCCZ 3
Judgment No.
CCZ 3/25
Outcome
unknown
Case Type
Application

Bench

Presiding
GARWE JCC
Full Bench
GARWE JCCMAKARAU JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCUCHENA AJCCMATHONSI AJCC
Areas of Law
Constitutional lawAdministrative lawJudicial service
Keywords
Section 167(2) ConstitutionSection 187 ConstitutionJudicial removalTribunal recommendationsConstitutional obligations
Tags
Judicial removalConstitutional obligationsTribunal recommendationsProcedural fairness
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
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the opposing affidavit deposed to by the Minister is valid","issue_type":"procedural","dispositive":"no","related_facts":"Minister deposed to affidavit on President's behalf"}
  • {"issue_text":"Whether there was material non-joinder of Chief Justice, JSC and tribunal","issue_type":"procedural","dispositive":"no","related_facts":"Serious allegations made against non-parties"}
  • {"issue_text":"Whether applicant established cause of action against President for failing to fulfil constitutional obligation","issue_type":"constitutional","dispositive":"yes","related_facts":"President acted on tribunal recommendations under s 187(8)"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a former High Court judge, challenged her removal from office by the President, alleging that the President acted on unlawful and invalid recommendations from a tribunal that investigated her alleged misconduct, thereby failing to fulfil his constitutional obligations.
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