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Harare High Court

Zimbabwe Lawyers for Human Rights v Robert Gabriel Mugabe N.O and Judicial Service Commission and Ray Hemington Goba and Minister of Justice, Legal and Parliamentary Affairs N.O

HH 788-17

Case Details

Court
Harare High Court
Date
22 November 2017
Citation
HH 788-17
Neutral Citation
[2017] ZWHH 788
Outcome
unknown
Case Type
Urgent Chamber Application

Bench

Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Constitutional LawAdministrative Law
Keywords
Prosecutor GeneralAppointmentRemovalOath of officeGovernment GazetteJudicial Service Commission
Tags
Constitutional appointmentsProsecutor GeneralAdministrative lawUltra vires
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Constitution of Zimbabwe Amendment No. 20 Act of 2013
  • Administrative Justice Act [Chapter 10:28]
  • High Court Act [Chapter 7:06]
  • High Court Rules 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the President has the power to rescind the appointment of a Prosecutor General by way of a Government Notice where the appointment has been gazetted but the oath of office has not been administered.","issue_type":"constitutional","dispositive":"yes","related_facts":"The gazetting of appointment and subsequent repeal without oath being taken."}
  • {"issue_text":"Whether a Prosecutor General is a constitutional appointee entitled to the removal protections of a Judge once appointed via Gazette.","issue_type":"constitutional","dispositive":"yes","related_facts":"The appointment process and the nature of the office."}
  • {"issue_text":"Whether the applicant has locus standi and the matter is urgent.","issue_type":"procedural","dispositive":"no","related_facts":"The nature of the applicant's membership and the initiation of a replacement process."}
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background
Facts of the Case

Background

The applicant challenged the President's purported rescission of the appointment of Ray Hemington Goba as Prosecutor General through a Government Gazette notice. The court found that once the President had appointed a candidate following the constitutional process, he could not unilaterally rescind the appointment without following the removal procedures for a Judge.
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