JUSTICE IN ZIMBABWE
70
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The court remarked that the concern of the court in the present case was to ensure that
potentially viable public causes were not frittered away in frivolous, furtive,
unfocused or self-serving private litigation. The legal standing requirement seeks to
ensure that the action is brought by the best-qualified person to bring that action, as
“unqualified” litigants are more likely to bring weak or half-baked actions.
The judge pointed out that there was no shortage of potential “qualified” litigants who
could have brought this action. They included
▪
any residents’ association in Harare or even a neighbourhood committee;
▪
any political party intending to contest the local government election could
have brought the action in its own name;
▪
an action could have been brought under the Class Actions Act.
In the result, the judge dismissed the application on the ground of the applicant’s lack
of standing.
Comments on judgment
It took considerable ingenuity on the part of the judge in this case to find that the
applicant lacked legal standing in this case. It was quite remarkable that he was able
to find that the litigant fell outside every single one of the many possible bases for
legal standing he referred to in his judgment. The fact that the pleadings might have
been badly drawn and were somewhat contradictory did not prevent the court from
allowing the case to proceed if it was obvious that any one of the recognised grounds
for standing still applied. When applicant’s counsel was asked by the court at the
hearing on what basis his client was suing, he responded that applicant was suing in
her personal capacity. It should have been obvious that she had legal standing on this
basis alone.
The very first statement in the applicant’s affidavit clearly spelt out that she was a
resident and registered voter in Harare. Yet the judge said it was not enough for her to
state simply that she was a resident and registered voter. She was obliged to allege in
her founding affidavit that she had a direct, personal interest and that she had suffered
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