SC 19-18 RITA MBATHA AND ANOTHER VS VINCENT NCUBE AND ANOTHER Judgment

 

 

  1. RITA     MBATHA     (2)     IVYN     GABRIEL   MBATHA

v

  1. VINCENT     NCUBE     (2)     THE     MESSENGER     OF     COURT

 

 

SUPREME COURT OF ZIMBABWE

HARARE, FEBRUARY 15, 2018 & MARCH 7, 2018

 

 

Applicant in person

Mr. T. Chinofukutwa, for the first respondent

Second respondent in default

 

               Before MAKARAU JA, in chambers in terms of r 5 of the Supreme Court Rules.

 

On 9 February 2018, the applicants filed an urgent Chamber Application for an order staying “proceedings” pending the hearing of an appeal in this Court under case number 847/2017.  The first applicant is a self-actor who also purports to act on behalf of the second applicant. In the absence of a power of attorney authorising her to do so, the first applicant cannot lawfully represent the second applicant without violating ss 10 and 12 of the Legal Practitioners Act [Chapter 27.07].

 

On the date that the matter was first set down before me, I directed that the applicant be referred to the Legal Aid Directorate for assistance. The applicant did not manage to secure legal representation from the Legal Aid Directorate and was content to continue representing herself and the second applicant in these proceedings.

 

2018

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