HH 270-18 ELECTION RESOURCE CENTRE and Ors versus MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING

ELECTION RESOURCE CENTRE

and

CHIEF FORTUNE CHARUMBIRA

and

NATIONAL COUNCIL OF CHIEFS

versus

MINISTER OF LOCAL GOVERNMENT,

PUBLIC WORKS AND NATIONAL HOUSING

 

 

 

HIGH COURT OF ZIMBABWE

PHIRI J

HARARE, 21 & 23 May 2018

 

 

 

Unopposed Court Application

 

 

 

G. Mupunga, for the applicant

 

 

            PHIRI J: This was an unopposed court application in respect of which the applicant sought and obtained the following order against the respondents:

“1.       The remarks made by the first respondent on 28 October 2017 on the occasion of the Annual Conference of the Council of Chiefs and on 13 January 2018, to the effect that traditional leaders have been supporting and must continue to support ZANU (PF) and its presidential candidate at the forthcoming 2018 elections be and is hereby declared to be in contravention of the Constitution of Zimbabwe.

 

2.         The first respondent be and is hereby ordered to retract in writing the statements that he made to the effect that traditional leaders should support and vote ZANU (PF) by issuing a countermanding statement in  newspaper with national circulation and endeavour to make the statement available to private and public media houses and the national broadcaster within 7 days of being served with this order.

 

3.         Third respondent be and hereby directed to commence disciplinary proceedings for misconduct against the first respondent.

 

4.         Second and third respondents be and are hereby directed to take steps with a view to putting in place mechanisms, as contemplated under section 287 of the Constitution of Zimbabwe.

 

5.         The first respondent shall pay the costs of suit.”

 

The application was brought by an organisation called the Election Resource Centre

 

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2018