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Harare High Court
Erica Ndewere v President of Zimbabwe N.O. and 4 Others
HH 161-21
Case Details
Court
Harare High Court
Date
14 April 2021
Citation
HH 161-21
Neutral Citation
[2021] ZWHH 161
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Zisengwe J
Full Bench
Zisengwe J
Areas of Law
Constitutional LawAdministrative LawJudicial Service Commission powers
Keywords
Section 187 ConstitutionJudicial removalCode of EthicsDisciplinary procedureIndependence of judiciary
Tags
Judicial disciplineConstitutional interpretationSeparation of powers
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- High Court Act
- Judicial Service Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Judicial Service Commission must follow Code of Ethics disciplinary procedure before referring a judge's removal to the President under s 187(3) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"JSC resolved to refer removal without prior disciplinary committee; applicant argues this violates her right to administrative justice and judicial independence"}
- {"issue_text":"Whether the applicant established a prima facie right to interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought to halt referral pending determination of legality"}
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background
Facts of the Case
Background
A High Court judge sought an urgent interim interdict to stop the Judicial Service Commission from referring the question of her removal to the President under s 187(3) of the Constitution, arguing that the Code of Ethics procedure must first be followed. The JSC had resolved to refer her for alleged gross misconduct without prior disciplinary committee proceedings.
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