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
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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