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Constitutional Court
Francis Bere v Judicial Service Commission & 6 Ors
[2022] ZWCCZ 10
Case Details
Court
Constitutional Court
Date
19 October 2022
Citation
[2022] ZWCCZ 10
Judgment No.
CCZ 10/22
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel JCC
Full Bench
Garwe JCCHlatshwayo JCCPatel JCC
Areas of Law
Constitutional LawAdministrative Law
Keywords
judicial tenureJudicial Service Commissionsection 187 Constitutionaudi alteram partemconstitutional matter
Tags
judicial independenceremoval of judgesconstitutional interpretation
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Administrative Justice Act
- Administrative Justice Act
- Judicial Service Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a constitutional matter was properly raised before the High Court and Supreme Court","issue_type":"constitutional","dispositive":"yes","related_facts":"Application brought under Administrative Justice Act, constitutional provisions referenced incidentally"}
- {"issue_text":"Whether the applicant demonstrated prospects of success on appeal","issue_type":"procedural","dispositive":"no","related_facts":"Five grounds of appeal alleged constitutional violations"}
- {"issue_text":"Whether the matter is of general public importance warranting leave to appeal","issue_type":"procedural","dispositive":"no","related_facts":"Issues relate to judicial independence and tenure"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
A former Supreme Court judge challenged his suspension and the establishment of a tribunal to inquire into his removal from office, alleging unconstitutional conduct by the Judicial Service Commission in referring his matter to the President.
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