JUSTICE IN ZIMBABWE
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On the other hand, when he was still in the High Court Mr Justice Chidyausiku openly
expressed his wholehearted support for land reform. He strongly castigated the
Gubbay-led Supreme Court, accusing it of bias in favour of white commercial farmers
and of deliberate obstruction of land resettlement by its judgments in these cases. This
criticism foreshadowed the approach that he would adopt in the Supreme Court.
In the final interdict case, heard before a reconstituted Supreme Court, his views have
prevailed. The majority decision has provided the legal legitimacy from the
Zimbabwean courts that the government had been seeking for its land “programme”.
The decision has allowed the government to claim that the entire programme is
lawful, constitutional and in accordance with the rule of law. This is certainly not true.
Topic 2
2. THE LEGAL STANDING CASES121
The High Court judgment in the Stevenson case (Stevenson v Minister
of Local Government & Ors 122)
Introduction
Section 80 of Urban Councils Act123 allows the Minister to appoint commissioners to
run the affairs of a council area where the elected councillors have been suspended or
dismissed. The commissioners appointed by the Minister can hold office for a
maximum period of six months, pending the election of new councillors.
The Minister had dismissed the Harare City Council and replaced the councillors with
commissioners to run the affairs of the city. A period well in excess of the maximum
period of six months had elapsed since the commissioners were appointed, but no
elections of mayor or councillors had been called.
The applicant was resident in the Harare area and a ratepayer. She was also a Member
of Parliament for a Harare constituency. She applied for an order obliging the holding
of mayoral and council elections in Harare to elect councillors to replace the
Commissioners appointed by the Minister.
Select target paragraph3
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