Breaking News: Latest on the Mupasiri & Another v President Mnangagwa & Another – Case Number 34/21

A hearing of the application by Mr. Mupasiri under the above-referenced case number was heard by a full bench of the Constitutional Court of Zimbabwe (CCZ) on Wednesday, 23rd March 2022.

Two applications were before the Court i.e. Case #34/21 and Case #22/22 and the latter case was launched by Mr. Mutumwa Mawere who was granted leave to intervene by Makarau JCC in the Mupasiri matter.

The Malaba-led court had already decided to postpone the matter to 11 May 2022 and the direction was that the issue to be determined on this day will be the jurisdiction of the Court to hear and adjudicate the matter.

Mupasiri agreed to the direction given by the Court and when it came to Mawere, the proposed management of the case came under fire as Mawere asserted that the decision by the Court was extremely prejudicial to him as a litigant especially given that he had already complained that Makarau JCC’s judgments in relation to his application for her to recusal herself from presiding over a dispute that she had already made findings of fact and the law would not be in the interests of justice.

Makarau brazenly and capriciously dismissed the recusal application and without providing any reasons for her decision in relation to the recusal matter, proceeded to hear and determine the application for leave to intervene.

Makarau JCC granted Mawere the right to intervene but dismissed the applications by 5 other Applicants arguing that they were foreign entities and as such the security of costs demanded by the President was valid and perceived lack of funds to cover the security of legal costs should be used as a weapon to deny access to the Court.

More details to follow: