Erica Ndewere v President of Zimbabwe N.O. & 4 Ors

[2022] ZWSC 57

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Case Details

Court

Supreme Court

Date

30 May 2022

Citation

[2022] ZWSC 57

Judgment No.

SC 57/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makoni JA

Full Bench

Makoni JAMathonsi JAKudya JA

Areas of Law

Constitutional lawAdministrative lawJudicial service law

Keywords

Section 187(3) ConstitutionJudicial Service Code of EthicsTribunal establishmentJudge removalDue process

Key Issues

{"issue_text":"Whether the appeal had become moot due to Tribunal establishment and appellant's removal","issue_type":"procedural","dispositive":"yes","related_facts":"Tribunal established and concluded proceedings; appellant removed from office"}
{"issue_text":"Whether JSC was required to follow Code of Ethics before referring matter to President under s 187(3)","issue_type":"constitutional","dispositive":"no","related_facts":"JSC proceeded directly to constitutional provision without Code of Ethics process"}
{"issue_text":"Whether court should exercise discretion to hear moot appeal in interests of justice","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant sought declaratory relief; matter involved important constitutional questions"}

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background

Facts of the Case

Background

The appellant, a former High Court judge, appealed against the dismissal of her urgent application to interdict the President from establishing a Tribunal to investigate her removal from office. The Tribunal was established and she was removed before the appeal was heard.

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