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Harare High Court
Chamunorwa Chingwe v Judicial Service Commission and President of the Republic of Zimbabwe and Minister of Justice, Legal and Parliamentary Affairs
HH 319-21
Case Details
Court
Harare High Court
Date
24 June 2021
Citation
HH 319-21
Neutral Citation
[2021] ZWHH 319
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Constitutional LawAdministrative LawJudicial Review
Keywords
judicial appointmentsSupreme CourtConstitutional Courts 180 Constitutionlocus standiurgencyinterdict
Tags
judicial appointmentsconstitutional challengeurgent applicationlocus standi
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 2) Act, 2021
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can interdict constitutional bodies from exercising their constitutional functions","issue_type":"constitutional","dispositive":"yes","related_facts":"Application sought to prescribe how JSC should make recommendations"}
- {"issue_text":"Whether the applicant has locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is 27 years old, not a judge, acting in own interest"}
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"20-day delay between amendment and application"}
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background
Facts of the Case
Background
A 27-year-old Zimbabwean citizen brought an urgent application seeking to interdict the Judicial Service Commission and President from appointing Supreme Court and Constitutional Court judges without following the public interview process in s 180(4) of the Constitution, arguing that both sitting and non-sitting judges should be considered.
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