President Robert Mugabe has challenged the High Court judgment that gave Prime Minister Morgan Tsvangirai the go-ahead to challenge the veteran rulers unilateral appointment of provincial governors.
Mugabes lawyer, Terence Hussein, filed a notice to appeal the ruling at the Supreme Court on Tuesday. He sought leave to appeal against the judgment by High Court Judge President George Chiweshe.
Part of the application reads: Take notice that the appellants hereby note an appeal against the entire judgment of the Honourable Justice Chiweshe handed down on June 11 at the High Court held at Harare.
The Honourable Court a quo (from the beginning) erred in not accepting that in terms of Rule 18 and the common law, to leave to sue the President should first be sought and granted before instituting legal proceedings against him in the High Court.
Rule 18 applies to the President in both his personal and official capacities and no departure from this rule can be properly condoned.
Justice Chiweshe ruled that Tsvangirai can challenge Mugabe, for appointing 10 Zanu PF provincial governors without consulting him. Tsvangirai, through his lawyer Selby Hwacha, had argued in 2010 that the re-appointments were illegal.
