Farmer takes on Supreme Court

judgment not later than 180 days.
Mr Ignatius Ruvinga is battling to get compensation from Zesa Holdings’ subsidiary — Zimbabwe Electricity Transmission and Distribution Company — over crop failure that he blames on erratic supply of power for irrigation. Mr Ruvinga obtained an order for payment of US$218 649 at the High Court but ZETDC, through its lawyer Mr Vote Muza of Muza and Nyapadi, appealed against the decision at the Supreme Court.

The appeal was heard and judgment on the case was reserved on November 12 last year.
Six months down the line, Mr Ruvinga has filed an application at the Constitutional Court arguing that Statutory Instrument 107 of 2012 obliges the court to deliver judgments not later than 180 days. He says the stipulated 180 days period had lapsed and that the Supreme Court had failed to comply with the statutory instrument, which is now law.

Part of the Statutory instrument relied on by Mr Ruvinga reads: “Where judgment is reserved to be delivered on notice, the judicial officer shall use his or her best efforts to ensure that such judgment is delivered within the next ninety (90) days and, exception in unusual and exceptional circumstances, no judgment shall be delivered later than one hundred and eighty (180) days from the date when it is reserved . . .”

In the application Mr Ruvinga argues that his right to have his case determined within reasonable time has been violated through the delay.

“The applicant’s right to a delivery of judgment under case number SC248/12 within reasonable time by the Supreme Court of appeal, as enshrined in Section 18(9) of the Constitution and as set out in Statutory Instrument 107 of 2012, has been violated,” read the application.
Mr Ruvinga argues that his right to execute the High Court judgment granted in his favour had been violated.

He describes the pending appeal by ZETDC as a “bogus appeal” that is simply meant to deprive him of his dues.

Mr Ruvinga also wants the said “bogus appeal” to be dismissed on the basis of the delay and to be allowed to execute the High Court judgment.

The judges of appeal, according to Mr Ruvinga, being custodians of the law were expected to comply with the Constitution and the Statutory Instrument in question.

“The judges of appeal of the Supreme Court on case number SC 248/12 are guardians of the Constitution and all laws of Zimbabwe. They should also comply with Statutory Instrument 107 of 2012 Section 19 (1) and (3), which state that, no judgment shall be delivered later than 180 days from the date when it was reserved.

“The applicant prays to this court to mero motu dismiss the case SC248/12 for bogus pleadings,” he said.