can also be no doubt that the trustees may seek to vindicate the
rights of the beneficiaries of the trust, to whom they owe various
obligations in fulfilment of the objectives of the trust. In that respect,
I would contend that the trustees may properly bring the present
application in the name of the trust, and that they have legal
standing to bring the present application for the Second Applicant.
THE REQUIREMENTS OF A DECLARATORY ORDER
13.
I am advised that in terms of section 14 of the High Court Act,
the High Court can issue a declaratory order, provided that the
accepted requirements of the grant of such an order are
established. In this respect, I am advised that the requirements for
a declaratory order are that the applicant must be 1) an interested
party in the sense of having a direct and substantial interest in the
subject matter and 2) the interest must concern an existing, future
or contingent right. I will address these requirements as they relate
to the present application in detail below.
14.
From a general perspective, I contend that the both I and the
Second Applicant have a direct and substantial interest in ensuring
that the laws of Zimbabwe are observed, and particularly that the
right to a free and fair election as guaranteed by 67 (1) (a) of the
Constitution is observed. I am a registered voter and the trustees,
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