Mutumwa Mawere & 5 Ors v Tichaona Mupasiri & 2 Ors

[2022] ZWCCZ 2

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Case Details

Court

Constitutional Court

Date

9 March 2022

Citation

[2022] ZWCCZ 2

Judgment No.

CCZ 2/22

Outcome

unknown

Case Type

Application

Bench

Presiding

Makarau JCC

Full Bench

Makarau JCC

Areas of Law

Constitutional lawJudicial recusalCivil procedure

Keywords

recusaljudicial biaspreliminary issuesinterventionauthority to represent

Key Issues

{"issue_text":"Whether Makarau JCC should recuse herself based on alleged bias from previous High Court decisions","issue_type":"procedural","dispositive":"yes","related_facts":"Two High Court decisions from 2005 and 2007 where judge dismissed applications on preliminary points"}
{"issue_text":"Whether first applicant had authority to bring recusal application on behalf of other applicants","issue_type":"procedural","dispositive":"no","related_facts":"First applicant relied on authority granted for intervention application, not recusal application"}

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Facts of the Case

Background

The first applicant brought an application for the recusal of Makarau JCC from hearing an application to intervene in constitutional proceedings, alleging bias based on two High Court decisions from 2005 and 2007 in which the judge had dismissed applications on preliminary points. The recusal application was brought without proper authority from other applicants and without compliance with procedural requirements for foreign companies.

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