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Harare High Court

Roselyne Grenny Mangota v David Mangota & 2 Ors

HH 585-17

Case Details

Court
Harare High Court
Date
6 September 2017
Citation
HH 585-17
Neutral Citation
[2017] ZWHH 585
Outcome
unknown
Case Type
Application

Bench

Presiding
Tagu J
Full Bench
Tagu J
Areas of Law
Family LawJudicial Ethics
Keywords
recusaljudicial biasdivorce trialcase allocation
Tags
divorcerecusaljudicial bias
legislation
Statutes Cited
  • Human Rights Act 1998
  • European Convention on Human Rights
  • Prison Act 1952
  • Criminal Justice Act 1967
  • Criminal Justice Act 1991
  • Crime (Sentences) Act 1997
  • Criminal Justice and Court Services Act 2000
  • Criminal Justice Act 2003
  • Offender Management Act 2007
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Immigration Act 1971
  • Immigration and Asylum Act 1999
  • Nationality, Immigration and Asylum Act 2002
  • Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
  • Immigration, Asylum and Nationality Act 2006
  • UK Borders Act 2007
  • Immigration Act 2014
  • Data Protection Act 1998
  • Data Protection Act 2018
  • Regulation of Investigatory Powers Act 2000
  • Investigatory Powers Act 2016
  • Police and Criminal Evidence Act 1984
  • Terrorism Act 2000
  • Anti-terrorism, Crime and Security Act 2001
  • Prevention of Terrorism Act 2005
  • Terrorism Act 2006
  • Counter-Terrorism Act 2008
  • Terrorism Prevention and Investigation Measures Act 2011
  • Counter-Terrorism and Security Act 2015
  • Extradition Act 2003
  • Mental Health Act 1983
  • Mental Capacity Act 2005
  • Health and Social Care Act 2008
  • Care Act 2014
  • Children Act 1989
  • Children Act 2004
  • Education Act 1996
  • Education Act 2002
  • Education and Inspections Act 2006
  • Academies Act 2010
  • Education Act 2011
  • Children and Families Act 2014
  • Welfare Reform Act 2012
  • Welfare Reform and Work Act 2016
  • Social Security Administration Act 1992
  • Social Security Contributions and Benefits Act 1992
  • Social Security Act 1998
  • Child Support, Pensions and Social Security Act 2000
  • Social Security (Recovery of Benefits) Act 1997
  • Social Security Fraud Act 2001
  • Pensions Act 1995
  • Pensions Act 2004
  • Pensions Act 2007
  • Pensions Act 2008
  • Equality Act 2010
  • Disability Discrimination Act 1995
  • Disability Discrimination Act 2005
  • Race Relations Act 1976
  • Race Relations (Amendment) Act 2000
  • Sex Discrimination Act 1975
  • Sex Discrimination Act 1986
  • Employment Rights Act 1996
  • Employment Relations Act 1999
  • Employment Act 2002
  • Employment Relations Act 2004
  • Employment Rights Act 2004
  • Constitutional Reform Act 2005
  • Constitutional Reform and Governance Act 2010
  • Freedom of Information Act 2000
  • Environmental Information Regulations 2004
  • Public Records Act 1958
  • Public Bodies Act 2011
  • Localism Act 2011
  • Local Government Act 2000
  • Local Government Act 2003
  • Local Government and Public Involvement in Health Act 2007
  • Planning and Compulsory Purchase Act 2004
  • Planning Act 2008
  • Local Government, Planning and Land Act 1980
  • Town and Country Planning Act 1990
  • Land Compensation Act 1961
  • Land Compensation Act 1973
  • Acquisition of Land Act 1981
  • Compulsory Purchase Act 1965
  • Highways Act 1980
  • Road Traffic Act 1988
  • Road Traffic Act 1991
  • Road Traffic (New Drivers) Act 1995
  • Road Traffic Reduction Act 1997
  • Road Traffic Reduction (National Targets) Act 1998
  • Transport Act 2000
  • Transport Act 1985
  • Railways Act 1993
  • Railways Act 2005
  • Transport and Works Act 1992
  • Channel Tunnel Rail Link Act 1996
  • Railways and Transport Safety Act 2003
  • Crossrail Act 2008
  • High Speed Rail (London - West Midlands) Act 2017
  • Civil Aviation Act 1982
  • Civil Aviation Act 2006
  • Airports Act 1986
  • Transport Act 2000
  • Postal Services Act 2000
  • Postal Services Act 2011
  • Communications Act 2003
  • Broadcasting Act 1990
  • Broadcasting Act 1996
  • Digital Economy Act 2010
  • Digital Economy Act 2017
  • Computer Misuse Act 1990
  • Copyright, Designs and Patents Act 1988
  • Trade Marks Act 1994
  • Patents Act 1977
  • Registered Designs Act 1949
  • Design Rights (Semiconductor Topographies) Regulations 1989
  • Copyright and Rights in Databases Regulations 1997
  • Copyright and Related Rights Regulations 2003
  • Performances (Moral Rights, etc.) Regulations 2006
  • Intellectual Property Act 2014
  • Enterprise and Regulatory Reform Act 2013
  • Legal Services Act 2007
  • Courts and Legal Services Act 1990
  • Access to Justice Act 1999
  • Tribunals, Courts and Enforcement Act 2007
  • Coroners and Justice Act 2009
  • Crime and Courts Act 2013
  • Courts Act 2003
  • Constitutional Reform Act 2005
  • Senior Courts Act 1981
  • Supreme Court Act 1981
  • County Courts Act 1984
  • Magistrates' Courts Act 1980
  • Criminal Procedure and Investigations Act 1996
  • Criminal Justice and Public Order Act 1994
  • Criminal Justice and Police Act 2001
  • Serious Organised Crime and Police Act 2005
  • Policing and Crime Act 2009
  • Police Reform and Social Responsibility Act 2011
  • Anti-social Behaviour, Crime and Policing Act 2014
  • Policing and Crime Act 2017
  • Serious Crime Act 2007
  • Serious Crime Act 2015
  • Proceeds of Crime Act 2002
  • Drug Trafficking Act 1994
  • Criminal Justice (International Co-operation) Act 1990
  • Criminal Justice (International Co-operation) Act 1990
  • Crime and Disorder Act 1998
  • Youth Justice and Criminal Evidence Act 1999
  • Criminal Justice and Immigration Act 2008
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Criminal Cases Review Commission Act 1995
  • Criminal Appeal Act 1968
  • Criminal Appeal Act 1995
  • Criminal Procedure (Insanity) Act 1964
  • Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
  • Infanticide Act 1938
  • Homicide Act 1957
  • Suicide Act 1961
  • Murder (Abolition of Death Penalty) Act 1965
  • Firearms Act 1968
  • Firearms (Amendment) Act 1988
  • Firearms (Amendment) Act 1997
  • Knives Act 1997
  • Offensive Weapons Act 2019
  • Psychoactive Substances Act 2016
  • Misuse of Drugs Act 1971
  • Drugs (Prevention of Misuse) Act 1964
  • Drug Trafficking Offences Act 1986
  • Criminal Justice (Confiscation) (Northern Ireland) Order 1990
  • Proceeds of Crime (Northern Ireland) Order 1996
  • Proceeds of Crime (Scotland) Act 1995
  • Criminal Justice (Scotland) Act 1987
  • Criminal Law (Consolidation) (Scotland) Act 1995
  • Crime and Punishment (Scotland) Act 1997
  • Criminal Justice (Scotland) Act 2003
  • Criminal Justice and Licensing (Scotland) Act 2010
  • Criminal Procedure (Scotland) Act 1995
  • Criminal Justice (Northern Ireland) Order 1980
  • Criminal Justice (Northern Ireland) Order 1996
  • Justice (Northern Ireland) Act 2002
  • Criminal Justice (Northern Ireland) Order 2004
  • Criminal Justice (Northern Ireland) Order 2008
  • Criminal Justice Act (Northern Ireland) 2013
  • Justice Act (Northern Ireland) 2015
  • Justice Act (Northern Ireland) 2016
  • Justice (No. 2) Act (Northern Ireland) 2016
  • Justice Act (Northern Ireland) 2011
  • Justice Act (Northern Ireland) 2004
  • Justice (Northern Ireland) Act 2004
  • Justice (Northern Ireland) Act 2015
  • Justice Act (Northern Ireland) 2015
  • Justice (No. 2) Act (Northern Ireland) 2016
  • Justice Act (Northern Ireland) 2016
  • Justice Act (Northern Ireland) 2011
  • Justice Act (Northern Ireland) 2004
  • Justice (Northern Ireland) Act 2004
  • Justice (Northern Ireland) Act 2015
  • Justice Act (Northern Ireland) 2015
  • Justice (No. 2) Act (Northern Ireland) 2016
  • Justice Act (Northern Ireland) 2016
  • Justice Act (Northern Ireland) 2011
  • Justice Act (Northern Ireland) 2004
  • Justice (Northern Ireland) Act 2004
  • Justice (Northern Ireland) Act 2015
  • Justice Act (Northern Ireland) 2015
  • Justice (No. 2) Act (Northern Ireland) 2016
  • Justice Act (Northern Ireland) 2016
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Justice Tagu should recuse himself from hearing the divorce trial","issue_type":"procedural","dispositive":"yes","related_facts":"Allocation bypassed normal channels; plaintiff and judge are colleagues"}
  • {"issue_text":"Whether the Judge President violated administrative justice principles","issue_type":"administrative","dispositive":"no","related_facts":"Direct allocation without explanation"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant sought the recusal of Justice Tagu from hearing her divorce case, arguing that normal allocation procedures were not followed and that the judge's proximity to her husband (a fellow High Court judge) created reasonable apprehension of bias.
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