JUSTICE IN ZIMBABWE 143 ____________________________________________________________________ 121 This section consists of extracts from an article entitled Legal Standing in Public Law. This article will be published in the Zimbabwe Human Rights Bulletin. 122 HH-75-2001. 123 [Chapter 29:15] 124 This is a principle of English law, introduced into our law by the decision in Patz v Greene & Co 1907 TS 427. 125 S-38-2002. 126 Stevenson v Minister of Local Government & Ors 2001 (1) ZLR 321 (H). 127 Combined Harare Residents Assn & Anor v Registrar-General of Elections & Ors HH-210-2001. He did so even though he had told the High Court that he had a voters’ roll ready in place for the purpose of holding elections. 128 See Registrar-General of Elections & Ors v Harare Combined Residents’ Assn & Ors Civ App 3412001, dated 25 November 2001. 129 130 Electoral Act (Modification) (Postponement of Harare City Council Elections) Notice, 2002 (SI 13A/2002). 131 Case no. HC 24/2002. Whatever the Registrar-General’s motives may have been, in fairness it must be pointed out that by then he was in an awkward position: the Supreme Court had ordered the election to be held by 11 February, while the President had directed that it be held on 9–10 March. 132 133 Registrar-General v Combined Harare Residents’ Assn & Anor S-4-2002. 134 Registrar-General v Combined Harare Residents Assn & Anor HH-27-2002 135 Registrar-General of Elections v Combined Harare Residents Assn & Anor S-7-2002. 136 Ibid at page 18. Since the High Court’s ruling was only a provisional one, the High Court had not finally determined the validity or otherwise of the notice. Until it did so, and there was an appeal from that final determination, it was not open to the Supreme Court to decide the issue. 137 138 The Standard 8 September 2002. 139 Herald 14 November 2001. 140 Guardian (UK) 15 November 2001. 141 Unreported case HB-80-2002. Or, put another way, there must be “reasonable and probable” cause to believe that the accused is guilty of an offence before a prosecution is initiated: S v Lubaxa 2001 (4) SA 1251 (SCA) at 1257C– D. 142 143 Financial Gazette 8 August 2002 144 Herald 17 August 2002 and Daily News 17 August 2002 145 Standard 18 November 2001. 146 Martin Meredith in his book Mugabe: Power and Plunder in Zimbabwe at p 219. 147 Interview on ZBC TV, 8 August 2001. The threat was uttered by a Mr Marasha, a nurse at the Chinhoyi hospital and a leader of the “war veterans”. 148

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