SC 35-13 - MOYO v MKOBA & ORS

GOLDEN MOYO

v

(1) STEPHEN MKOBA (2) DISTRICT ADMINISTRATOR FOR LOWER GWERU (3) GOVERNOR OF MIDLANDS PROVINCE (4) THE MINISTER OF LOCAL GOVERNMENT, RURAL & URBAN DEVELOPMENT (5) THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE

 

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, GOWORA JA & CHEDA AJA

BULAWAYO, JULY 30, 2012 & AUGUST 7, 2013

T Mpofu, for the appellant

H Moyo, for the first respondent

 

 MALABA DCJ:  This is an appeal against the judgment of the High Court given on 19 January 2012.  The High Court discharged a provisional order under HCB 1396/09.  It also dismissed an application for review under case No. HCB 1410/09.

The provisional order which had been granted on 10 September 2009 reads:

TERMS OF FINAL ORDER SOUGHT

  1. That the installation ceremony of the first respondent as substantive Chief Bunina set for the 18th September 2009 be and is hereby stayed and/or postponed pending the hearing of an application for review of the decision to appoint the first respondent as Chief Bunina of Lower Gweru.
  1. That the applicant shall forthwith file and serve his review application upon the respondents who shall have the right to oppose same in terms of the rules of court.
  1. That the costs of this application shall be borne by the respondents’ only if they oppose it.

INTERIM RELIEF GRANTED

  1. That the installation ceremony of 1st Respondent as substantive Chief Bunina be and is hereby stayed and/or postponed pending the determination of the review application filed of record.”

The order sought in the review application under case No. HCB 1410/09 reads:

            “IT IS ORDERED:

  1. That the decision to appoint 1st respondent as substantive Chief Bunina be and is hereby set aside.
  1. That the matter be and is hereby remitted to the office of the 2nd respondent who shall reconvene a selection meeting of all interested parties which shall select a candidate for appointment as Chief Bunina in accordance with the customary principles of succession of the Bunina clan.
  1. That the costs of this application shall be borne by the Respondents only if they oppose.”

The court a quo discharged the provisional order on the return day and dismissed the application for review of the actions of the officials of the Local Government, Rural and Urban Development which formed the basis of the decision by the fifth respondent to appoint the first respondent as substantive Chief Bunina.

The relief sought on appeal is an order setting aside the court a quo’s judgment and substituting in its place an order confirming the interim order; and granting the application for review and setting the decision of the fifth respondent aside.  The granting of the relief relating to the interim order is no longer possible because the first respondent was installed as substantive Chief Bunina of Lower Gweru on 18 September 2009.  He had been appointed on 7 May 2007.

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