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Harare High Court
Morgan Richard Tsvangirai (in his official capacity as the Prime Minister of the Republic of Zimbabwe and in his personal capacity) v The President of Zimbabwe, Robert Gabriel Mugabe (in his official capacity) and David Karimanzira and Cain Mathema and Martin Dinha and Aeneas Chigwedere and Faber Chidarikire and Jaison Max Kokerai Machaya and Christopher Mushowe and Angeline Masuku and Tokozile Mathuthu and Titus Maluleke and The Minister of Local Government, Rural and Urban Development
HH 273-12
Case Details
Court
Harare High Court
Date
27 June 2012
Citation
HH 273-12
Neutral Citation
[2012] ZWHH 273
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Constitutional lawAdministrative lawPublic office appointments
Keywords
ultra viresconstitutional contraventionRule 18presidential immunityprovincial governors
Tags
constitutional challengepresidential appointmentsprovincial governors
legislation
Statutes Cited
- State Liabilities Act
- High Court Rules
- High Court Rules
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's failure to comply with Rule 18 of the High Court Rules should result in dismissal of the application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant cited President without obtaining prior leave"}
- {"issue_text":"Whether Rule 18 is still applicable given constitutional and statutory provisions allowing proceedings against the President in official capacity","issue_type":"constitutional","dispositive":"yes","related_facts":"President cited in official capacity, not by name"}
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background
Facts of the Case
Background
The applicant, Morgan Tsvangirai, sought to nullify the appointment of second to tenth respondents as provincial governors, alleging the appointments were ultra vires and unconstitutional. The respondents raised a preliminary objection based on non-compliance with Rule 18 requiring leave to sue the President.
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