Full Text: High Court Judgement Barring Chiefs From Supporting Zanu-PF

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IN THE HIGH COURT OF ZIMBABWE (CASE NO. HC 1718/2018)
HELD AT HARARE

In the matter between:

ELECTION RESOURCE CENTRE (APPLICANT)

AND

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

High Court of ZimbabweConstitution of Zimbabwe

The High Court of Zimbabwe is one of the Superior Courts of Zimbabwe. The High Court deals at first instance with all high value and high importance cases. It also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeals from the High Court... Read More About High Court of Zimbabwe

The Constitution of Zimbabwe is the supreme law of the Republic of Zimbabwe. Zimbabwe's latest constitution was voted for and approved in a referendum of 16 March 2013. Before the current constitution, Zimbabwe used a constitution negotiated at the 1979 Lancaster House Agreement as Zimbabwe... Read More About Constitution of Zimbabwe

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