JUSTICE IN ZIMBABWE
81
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of mayoral and council elections in Harare to elect councillors to replace the
Commissioners appointed by the Minister. The court rejected her application on the
ground that she lacked legal standing.126
The High Court and Supreme Court order elections to be held
In November 2001 the Combined Harare Residents Association (CHRA) won a High
Court order compelling the Registrar-General of Elections to hold council elections in
Harare before the end of December 2001.127 In granting the order, Hungwe J said: “In
any democratic society, the need for regular free and fair elections has never been
doubted.” The Registrar-General noted an appeal128 but, because it was clear that
elections should be held urgently, the High Court specified that its order would be
binding pending appeal.
The Registrar-General then made an urgent application to the Supreme Court to have
the High Court’s order stayed pending appeal. Sitting alone on the afternoon of
Sunday 25 November 2001 and without the High Court record before him, the Chief
Justice, Mr Godfrey Chidyausiku, granted the application and altered the High Court
order so that it would not be binding pending appeal. According to the CHRA’s
lawyers, they had been given the Registrar-General’s application fifteen minutes
before the hearing. They complained that this brief hearing at short notice, without
reference to any documents filed of record, was not a fair hearing. They further
alleged that the government papers materially misstated the High Court Order, and
that there was no urgent need for it to be heard on that day. They also requested the
Chief Justice to recuse himself because of dealings in land which they alleged he had
had with the commission that was then running the City of Harare (commission
members were parties to the case). It is not appropriate to recite here the allegations
made against the Chief Justice; it is sufficient to say that they illustrate the need for a
generally accepted code of conduct for judges and other judicial officers which would
specify precisely what financial and business dealings they may and may not engage
in. The Chief Justice refused to recuse himself, saying he knew about the dealings he
had with the commission.
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