JUSTICE IN ZIMBABWE 73 ____________________________________________________________________ application in her personal capacity. It was, therefore, unnecessary for the learned judge to consider the issue of the appellant appearing in a representative capacity.” Sandura JA then had this to say about legal standing on the basis of the admitted facts that the appellant was resident and registered as a voter in Harare. “As a resident of Harare and as a registered voter, the appellant had an interest in the issue of whether the affairs of the City of Harare should be run by a commission appointed by the Minister or by an elected mayor and an elected council. In my view, the fact that the appellant made other allegations as to her interest in making the application, such as being a Member of Parliament, did not affect her basic interest which arose by virtue of her being a registered voter and a Harare resident. It was, therefore, understandable that [counsel for the Minister] could not support the learned judge’s view on the issue of the appellant’s locus standi in this matter. In the circumstances, the learned judge … should have dealt with the issues raised in the appellant’s application.” Similarly in his concurring judgment, Ebrahim JA had this to say: “ … the appellant’s locus standi to seek relief from the courts was patently apparent from the fact that [she resided and was a registered voter in Harare]. She was dissatisfied as a resident voter that a proper election of a body of persons, elected for the purpose of administering her interests, had not taken place. Clearly against this background common sense dictates that she was entitled to seek the assistance of the courts to rectify what she considered to be improper treatment of her, as a voter and resident in the area.” In her dissenting judgment Ziyambi JA simply quoted verbatim several pages of the High Court judgment dealing with the confused pleadings and, without giving any further reasons, simply agreed with the reasoning of the judge a quo. All that she said was “I can find no fault with the reasoning of the learned judge. It is quite apparent that the appellant’s locus standi was “so badly formulated” that the court was left with no choice but to decline to hear the rest of the application.”