Daniel Nemukuyu Senior Court Reporter
PRESIDENT Mugabe has filed a Supreme Court application seeking permission to appeal against the High Court ruling that allowed Prime Minis­ter Morgan Tsvangirai to sue him. Judge President George Chiweshe in June ruled in favour of PM Tsvangirai, allowing him to sue the President in a case he is being accused of unilaterally

appointing the provincial governors countrywide.
The President’s lawyers contend that for one to institute court proceedings against the President, he or she should firstly seek permission from the High Court.
They are relying on Rule 18 of the High Court.
PM Tsvangirai is contesting the appointment of governors arguing that the President could have consulted him before appointing the governors.
On July 24 Justice Chiweshe dis­missed an application by the President for leave to approach the superior court contesting the ruling that allowed the PM to sue the President.
That prompted the President through his lawyer, Mr Terrence Hus­sein of Hussein, Ranchhod and Com­pany, to directly approach the Supreme Court with a notice of motion for leave to appeal against the High Court’s deci­sion.
In the notice filed at the Supreme Court on August 3 this year, the Presi­dent’s lawyer argues that the decision by the Judge President was wrong.
“The court a quo erred in not accept­ing that in terms of Rule 18 (of the High Court Rules) and the common law, leave to sue the President should first be sought and granted before insti­tuting legal proceedings against him in the High Court.
“The court erred in not finding that non-compliance with Rule 18 of the High Court Rules, rendered the appli­cation before the court a nullity and therefore could not be condoned nor cured,” read the papers.
Rule 18, according to the President’s lawyers, is applicable when the Presi­dent was being sued both in personal and official capacities.
The lawyers contend that the High Court misinterpreted and misapplied the ruling of a case law in which the Zimbabwe Lawyers for Human Rights was allowed to sue the President with­out the leave of the High Court justice.
Justice Chiweshe in the July 24 judg­ment ruled that President Mugabe’s chances of winning the appeal case at the highest court in the country were slim considering previous court judg­ments confirming that the President can be sued without firstly getting authority from the higher court.