IN THE HIGH COURT OF ZIMBABWE (CASE NO. HC 1718/2018)
HELD AT HARARE
In the matter between:
ELECTION RESOURCE CENTRE (APPLICANT)
CHIEF FORTUNE CHARUMBLRA (1st RESPONDENT)
NATIONAL COUNCIL OF CHIEFS (2nd RESPONDENT)
MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND NATIONAL HOUSING (3rd RESPONDENT)
Harare, 9th day of May, 2018
Before the Honourable Mr Justice Phiri
Mr Mupanga for the applicant
Respondents in default
WHEREUPON, after reading documents filed of record and hearing counsel
IT IS ORDERED THAT:
1. The remarks made by the first respondent on 28 October 2017 on the occasion of the Annual Conference of the Council of Chiefs and on 13 January 2018, to the effect that traditional leaders have been supporting and must continue to support ZANU (PF) and its presidential candidate at the forthcoming 2018 elections be and is hereby declared to be in contravention of the Constitution of Zimbabwe.
2. The first respondent be and is hereby ordered to retract in writing the statements that he made to the effect that traditional leaders should support and vote for ZANU (PF) by issuing a countermanding statement in a newspaper with national circulation and endeavour to make the statement available to private and public media houses and the national broadcaster within 7 days of being served with this order.
3. Third respondent be and is hereby directed to commence disciplinary proceedings for misconduct against the first respondent.
4. Second and third respondents be and are hereby directed to take steps with a view to putting in place mechanisms, as contemplated under section 287 of the Constitution of Zimbabwe.
5. The first respondent shall pay the costs of suit.
BY THE COURT
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