Judgment No. 19/18
Chamber Application SC 97/18
Ref Case No. SC 847/17
(1)
(1)
RITA
VINCENT
MBATHA
NCUBE
(2)
(2)
IVYN GABRIEL MBATHA
v
THE MESSENGER OF COURT
SUPREME COURT OF ZIMBABWE
HARARE, FEBRUARY 15, 2018 & MARCH 7, 2018
Applicant in person
Mr. T. Chinofukutwa, for the first respondent
Second respondent in default
Before MAKARAU JA, in chambers in terms of r 5 of the Supreme Court Rules.
On 9 February 2018, the applicants filed an urgent Chamber Application for an
order staying “proceedings” pending the hearing of an appeal in this Court under case number
847/2017. The first applicant is a self-actor who also purports to act on behalf of the second
applicant. In the absence of a power of attorney authorising her to do so, the first applicant
cannot lawfully represent the second applicant without violating ss 10 and 12 of the Legal
Practitioners Act [Chapter 27.07].
On the date that the matter was first set down before me, I directed that the applicant
be referred to the Legal Aid Directorate for assistance. The applicant did not manage to secure
legal representation from the Legal Aid Directorate and was content to continue representing
herself and the second applicant in these proceedings.
1