NHERERA v KUDYA NO & ANOR 2007 (2) ZLR 253 (S)

Flynote

c Court — Supreme Court — jurisdiction — review — court's powers of review — no power to entertain review launched by a party — limits to court's powers to undertake review of proceedings of lower court

Headnote

The applicant had been convicted in the regional magistrate court. An application to the High Court for bail pending appeal was rejected. The applicant then launched an application in the Supreme Court, purportedly in terms of s 25 of the Supreme Court Act [Chapter 7:13], for a review of the proceedings in the regional court. Held, that although the Supreme Court and its judges have the same review powers as do the High Court and the judges thereof, it is quite clear that s 25 of the Supreme Court Act does not confer on an applicant the right to apply to the Supreme Court or a judge of the Supreme Court for the review of proceedings of a regional magistrate's court in the first instance. Held, further, that the Supreme Court or a judge of the Supreme Court can review such proceedings mero motu in terms of s 25(2) of the Act. Section 25(2) deals with irregularities in respect of which no appeal or application is before the Supreme Court. The review is undertaken at the instance of the Supreme Court and not of any litigant. Reviews of such irregularities would, but for the provisions of s 25(2), fall outside the jurisdiction of the Supreme Court acting in terms of its appellate jurisdiction or sitting in terms of s 24 of the Constitution. Section 25(3) expressly prohibits any attempt to approach the Supreme Court as a court of first instance in an application for review.