1
HH 270-18
HC 1718/18
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