High court to rule on whether Tsvangirai can sue Mugabe

THE High Court is expected to rule on whether or not Prime Minister Morgan Tsvangirai is allowed to sue the President without permission from the court.
Lawyers representing the President and Provincial Governors, Mr Terence Hussein and Mr Gerald Mlotshwa, raised the preliminary challenge before the main case in which PM Tsvangirai is seeking to nullify the appointment of provincial governors by the President.
PM Tsvangirai, through his lawyers Advocate Thabani Mpofu and Mr Selby Hwacha, argues that the President erred by not consulting him when appointing the governors. Judge President George Chiweshe yesterday indefinitely reserved ruling on the preliminary point after hearing arguments from both parties.
Mr Hussein, appearing for President Mugabe, submitted that the application by PM Tsvangirai should be dismissed because the High Court rules did not allow him to do so.
Mr Hussein cited Rule Number 18 of the High Court Rules which requires any litigant to firstly apply for leave to sue the President before instituting the proceedings.
"Rule Number 18 of the High Court clearly indicates that before one takes action against the President, leave must be sought first from the High Court.
"Without the said leave, there can be no action or application. This has been stated in a number of cases dating back to up to 70 years in this jurisdiction.
"If a judge of the High Court cannot be detracted by numerous wishful and frivolous court applications without leave, what more the President?
"The President has many important things to do and he cannot be detracted by willy-nilly applications of this nature," said Mr Hussein.
He cited a 2003 High Court judgment in which former Judge President Justice Paddington Garwe dismissed an application by a person who wanted to sue a judge without first seeking leave from the High Court.
"In that case, Justice Garwe ruled that it was improper for one to sue a judge without getting leave to do so. If you do not get such leave, then you cannot sue a judge or the President," he said.
Mr Hussein said the rule in question applied to any lawsuit against the President be it in his personal or official capacity.
He added that even in urgent chamber applications, such leave should be sought first.
Adv Mpofu argued that Rule 18 relied upon by the President and the governors did not apply to the current matter.