JUSTICE IN ZIMBABWE 61 ____________________________________________________________________ excluding them from this second instalment of the case — except perhaps a desire to avoid giving them another opportunity to rule against the government on the sensitive land issue. One week before this matter was due to be heard, the applicants sought an interim order allowing the Ministry of Lands to proceed with applications for confirmation orders in the Administrative Court but only in respect of notices of acquisition issued before the expiry of the period of suspension of the interdict. The majority of the court granted the order “pending determination of this matter and without in any way prejudging any of the preliminary (sic) issues raised in the application, but recognising the importance of land reform.” (Chidyausiku CJ explained later that the effect of the order was merely to extend the interdict pending judgment in the main case.) Ebrahim JA dissented from the judgment by the majority, finding that none of the wellestablished requirements for the granting of interim relief were present and, contrary to the Rules of court, there was no certificate of urgency and it was moved before the respondent was required to reply. The granting of this interim order was unfortunate because it suggested that the Court had already decided to set aside the interdict. Moreover, the Court itself later cast doubt on the validity of the order by saying that it had no power to extend the period by which the government had to come up with a workable programme of land reform and satisfy the Court that the rule of law had been restored in the commercial farming areas — which is what, in effect, the interim order did. Before the hearing of this case, the CFU applied for the recusal of Chief Justice Chidyausiku and for the court to be reconstituted. This seemed to be a reasonable application given the very strong views expressed by the Chief Justice previously in relation to the whole issue of land redistribution. The Chief Justice not only refused this application but also in his judgment roundly castigated counsel for making it. Setting aside of the interdict The judgment in the main case was issued as Minister of Lands, Agriculture and Rural Resettlement & Ors v Commercial Farmers Union 118 S-111-2001. The majority judgment was given by Chief Justice Chidyausiku with the support of the newly-