|High Court to rule on PM’s bid to sue President|
|Friday, 25 May 2012 00:00|
Daniel Nemukuyu Senior Court Reporter
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.
“If a judge of the High Court cannot be detracted by numerous wishful and frivolous court applications without leave, what more the President?
“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.