1 January 2008

Case No. SADCT: 05/2008

Southern African Development Community Tribunal

Zimbabwe Human Rights NGO Forum

v.

The Republic of Zimbabwe

ruling

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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.

H.E Justice Ariranga Govindasamy Pillay
PRESIDENT

H.E Justice Isaac Jamu Mtambo, SC
MEMBER

H.E Justice Dr Luis Antonio Mondlane
MEMBER

H.E Justice Dr Rigoberto Kambovo
MEMBER

H.E Justice Dr Onkemetse B. Tshosa
MEMBER