We have now completed our sober and painstaking study of Excelgate. In embarking on that study, we allowed ourselves to be guided by the remarks of MALABA J (as he then was) in City of Mutare v Mawoyo 1995 (1) ZLR 258 (HC) where he held as follows:
“The question whether or not this court has jurisdiction to alter its final judgments or orders has been answered in previous decisions of courts in jurisdictions that follow the common law tradition. The general rule is that once a final judgment or order has been given, the judge who gave it or any other judge of parallel jurisdiction has no power to alter, rescind, vary or set it aside, except in the few instances recognised at common law or by the Rules of the High Court. One of the exceptions recognised at common law is when the judgment or order has been obtained through fraudulent misrepresentation.”
Doubtless, Excelgate comes with certain consequences.
Adv T. Mpofu
HARARE, 23 February 2020
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