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RULING
DELIVERED BY H.E. JUSTICE A.G. PILLAY
[1] We have listened to the arguments of learned Counsel on both sides and
are of the considered view, as rightly pointed out by learned Counsel for
the respondent, that the applicant is not the proper party in the present
case but is in fact the agent or representative, pursuant to Rule 24(3) of
the Rules of Procedure of SADC Tribunal (the Rules), of the following
persons, namely,
(1) Barry T Gondo
(2) Gabriel Kawara
(3) Joyce Mwachinduka
(4) Kerina Gweshe
(5) Lameck Sengure
(6) Nyaradzai Katsande
(7) Peter Chirinda
(8) Phanuel Mapingure
(9) Ruth Manika
(10) Sophia Matasva
(11) Trust Shumba
(12) Mercy Mangunj
[2] Rule 24(3) of the Rules, in substance, provides for parties to be
represented by agents or other duly authorized persons.
[3] It is quite clear, therefore, that the twelve persons mentioned above
are the aggrieved parties since they complain of various acts of violence
allegedly committed against them, and against a spouse of one of them
resulting in his death. These acts would constitute the succinct statement
of the facts in terms of Rule 33(1) (c) of the Rules.
[4] Given that the present application has been made by the wrong person, we
order, in the interests of justice, that the application be amended so as to
ensure that the proper parties are the applicants before the Tribunal.
Delivered in open court this ………. Day of ……………... , at Windhoek in the
Republic of Namibia.
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