Zimbabwe

No justiciable rights to shelter in Zimbabwe – supreme court

Zimbabwe’s supreme court has confirmed that the country has no justiciable right to shelter, saying reference to shelter in the constitution was ‘essentially hortatory in nature’, operating merely as a kind of reminder or guideline to government in formulating policy. Given that shelter and housing is a major issue in Zimbabwe, this is an important decision that, along with the particular reasoning of the court, will impact on how human rights lawyers handle cases raising such issues in future.

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A crucial judgment with wide-ranging implications for Zimbabwe has been delivered by Zimbabwe’s supreme court – but very few are aware of it and there’s been no comment from the legal, academic or human rights communities even though the decision was handed down in June.

Judicial appointments’ problems spread like a virus

Like a rampaging judicial virus, political and other problems are infecting the process of appointing judges in a number of African countries. And there’s no vaccine or any other easy solution in sight. Developments in Lesotho, Zimbabwe, Kenya – and then, out of the blue last week, South Africa – all point to serious problems about the process of judicial appointments. Here’s a guide to the symptoms of this particular virus.

Lesotho

Application that Zim’s former CJ be found in contempt of court

The decision by Zimbabwe’s former Chief Justice, Luke Malaba, to return to work despite a high court declaratory order that his tenure of office ended when he turned 70, has been challenged in court with an application that the former CJ be found in contempt of court, fined and imprisoned, for acting in a way that precipitated a ‘constitutional crisis’.

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Zimbabwe human rights lawyer, Musa Kika, has launched an urgent high court application for the former Chief Justice, Luke Malaba, to be found in contempt of court. This follows Judge Malaba’s return to work despite a court finding that he could not legally continue in office after turning 70.

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