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Harare High Court
Musa Kika v Luke Malaba & 3 Ors
HH 287-21
Case Details
Court
Harare High Court
Date
10 June 2021
Citation
HH 287-21
Neutral Citation
[2021] ZWHH 287
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TSANGA J
Full Bench
TSANGA JCHIRAWU-MUGOMBA J
Areas of Law
Constitutional LawAdministrative Law
Keywords
declaratory ordercontempt of courtjudicial retirementconstitutional amendmentappeal suspension
Tags
Constitutional interpretationJudicial tenureContempt of court
legislation
Statutes Cited
- High Court Act
- Constitution of Zimbabwe Amendment (No. 2) 2021
- Constitution of Zimbabwe Amendment No.20 Act 2013
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the declaratory order issued on 15 May 2021 was purely declaratory or contained consequential relief","issue_type":"law","dispositive":"yes","related_facts":"The declaratory order declared that the first respondent ceased to hold office as Chief Justice"}
- {"issue_text":"Whether the noting of appeals suspended the operation of the declaratory order","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple appeals were filed against the declaratory order"}
- {"issue_text":"Whether the first respondent was in contempt of court for resuming work","issue_type":"mixed","dispositive":"yes","related_facts":"The first respondent resumed work on 24 May 2021 despite the declaratory order"}
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background
Facts of the Case
Background
The applicant sought an order committing the first respondent (Chief Justice Luke Malaba) to prison for contempt of court, alleging that he violated a declaratory order issued on 15 May 2021 which declared that he had ceased to hold office as Chief Justice upon reaching age 70. The first respondent resumed work on 24 May 2021 despite the declaratory order.
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