adminPresident granted nod to contest High Court ruling
Daniel Nemukuyu Senior Court Reporter
PRESIDENT Mugabe has been granted permission to challenge a High Court decision allowing Prime Minister Morgan Tsvangirai to sue him over the appointment of provincial governors.
Judge President George Chiweshe in July ruled that the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces could be sued under the circumstances.
The President’s lawyer Mr Terrence Hussein of Ranchod and Hussein law firm unsuccessfully sought leave to contest the decision before the judge president.
That prompted Mr Hussein to directly approach the Supreme Court with an application for leave to appeal.
Chief Justice Godfrey Chidyausiku yesterday granted the application with the consent of PM Tsvangirai’s lawyers.
Advocate Thabani Mpofu, instructed by Mr Selby Hwacha of Dube Manikai and Hwacha, are representing the PM.
The ruling by the Chief Justice gave the green light for the President to prosecute his appeal against the lower court’s decision.
Adv Mpofu confirmed the outcome, saying the order was granted by consent.
“We did not argue the matter. We agreed that the President should be allowed to file his appeal with the Supreme Court. That is when we will argue,” said Adv Mpofu.
Mr Hussein also confirmed the outcome.
“The PM’s lawyers had filed opposing papers, but when we were about to argue, they made a U-turn and agreed to the granting of the order.”
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