Mugabe loses High court case against Tsvangirai

High Court judge, Justice George Chiweshe has ruled that it is of national importance for President Tsvangirai in his capacity as the Prime Minister of Zimbabwe to challenge Robert Mugabe in court over the appointments of provincial governors.

Tsvangirai has challenged the appointment of 10 governors across the country. In accordance with a formula agreed by the negotiators for their respective parties, MDC-T is supposed to get five governors, Zanu-PF, 4 and one for Welshman Ncube's formation. However, Mugabe is reluctant to make the implementation.

"In my view, this application is of national significance," Justice Chiweshe said in his five-page judgment delivered last week. "For that reason I believe that it must be heard on the merits not withstanding the provisions of Rule 18. I am inclined to invoke the provisions of Rule 4C," he said.

Mugabe's lawyers had earlier tried to block the case claiming that Tsvangirai could not sue Mugabe because of Rule 18 of the High Court which reads that; No summons or other civil process of the court maybe issued out against the president or any of the judges of the High Court without the leave of the court granted on court application being made for that purpose."

Justice Chiweshe said Rule 18 was intended to afford the President and the judges protection against frivolous actions that maybe brought against them.

"The respondents have not argued that the present application is frivolous and vexatious, save for aspersions to that effect in their heads of argument. No argument has been mounted as to why the present application should be considered frivolous and vexatious.

"On the contrary, the respondents are yet to file their papers on the merits of this application. In the absence of such submissions on the merits the respondents cannot raise and sustain an argument rooted on frivolity," said Justice Chiweshe, who is the judge president.

He said Tsvangirai's legal team consisting of Selby Hwacha and Thabani Mpofu had raised significant Constitutional arguments by allowing President Tsvangirai to sue Mugabe in the "interest of justice."

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