People's Democratic Party and Jacob Mafume and Simon Chabuka and Arnold Dube v Minister of Local Government, Public Works and National Housing N.O and Benjamin Rukanda and City of Harare

HH 156/21

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Case Details

Court

Harare High Court

Date

12 March 2021

Citation

HH 156/21

Neutral Citation

[2021] ZWHH 156

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIRAWU-MUGOMBA J

Full Bench

CHIRAWU-MUGOMBA J

Areas of Law

Administrative lawConstitutional lawProcedural law

Keywords

Provisional order dischargeLis pendensConstitutional invalidityCouncillor recallParty membership

Key Issues

{"issue_text":"Whether the confirmation application is lis pendens with HC 5292/20","issue_type":"procedural","dispositive":"yes","related_facts":"Same recall letter, same parties involved, similar relief sought"}
{"issue_text":"Whether the court should deal with constitutional invalidity of the recall letter","issue_type":"procedural","dispositive":"no","related_facts":"Constitutional issues raised but similar relief sought in pending action"}

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background

Facts of the Case

Background

The applicants sought confirmation of a provisional order interdicting implementation of a letter recalling them as councillors. The letter dated 14 September 2020 was issued by Benjamin Rukanda claiming to be Secretary-General of the People's Democratic Party, purporting to recall the 2nd to 4th applicants as councillors. A separate action HC 5292/20 was already pending seeking similar relief regarding the same recall letter.

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