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This article participates on the following special index pages:
2002 Presidential & Harare Municipal elections - Index of articles
Citizenship issues
Notice
of Objection - Update #12
Citizenship Lobby Group (CLG)
February 20, 2002
If
you do not have the free Acrobat reader on your computer, download
it from the Adobe website by clicking
here.
Dear All
Magistrate
Court Hearings and Legal advice
Zimbabwe Lawyers
for Human Rights (ZLHR) have done a good job of providing legal
assistance to appellants in the courts these last few days. However,
this initiative will be difficult for them to sustain given the
large number of court rooms being used simultaneously to hear all
of the appeals.
Should you find
yourself at the courts without legal representation, the ZLHR have
provided the following advice to guide you through your appeal:
- Download this document
- Rich
Text File (RTF) version - (6KB) can be opened by most word processors
- Acrobat
PDF version - (46KB):
Advice
from Zimbabwe Lawyers for Human Rights on removal from the voters
roll.
We
have provided a number of draft statements for you to use in your
hearing, if you wish.
There
are 4 different forms depending on whether:
a)
you were born in Zimbabwe or
b)
you were a permanent resident before you became a Zimbabwe citizen.
and
1)
whether you agree to have your case referred to the High Court;
or
2)
whether you want to have it resolved at the Magistrates Court.
These
latter 2 options are .
1)
Referral of your case to the High Court. Our lawyers advise this
course of action, since the prospects of success are much higher.
But, please be aware that ZLHR cannot guarantee to provide legal
representation for you in the High Court and you may need to instruct
your own lawyer. However, your matter may not, in fact, reach the
High Court, because numerous test cases and class actions are already
before the courts and the outcome of these may result in your case
being unnecessary.
2)
If you do not want to run the risk of having to pay for a lawyer
or representing yourself in the High Court, you may want to choose
the second option where your case is heard by the magistrate.
In
each of these scenarios, we have attempted to include all the relevant
points of law to which the magistrate should apply his mind.
Feel
free to use one of these forms or not, as you choose.
We
ask your co-operation, however, in submitting to us the details
of the outcome of your hearing at the magistrates court –
ie, whether the magistrate agreed to postpone your hearing, or whether
he agreed to refer it to the High Court, or whether he made a ruling
in the matter and what that was.
If
you send back this information, we can track the decisions being
made at these hearings and also try to provide further legal advice
and possibly assistance for the first few matters which come before
the High Court.
We
cannot speak to each and every one of you and give individual advice
– we would simply be swamped! Please therefore simply state the
relevant information (eg name, case number, contact phone and date
of hearing) and send this to us via fax on Harare 251468, or by
mail to P O Box CY 1393 Causeway. If you have email, please submit
this information to zlhr@icon.co.zw.
We
very much regret that we cannot reply to you individually, but hope
you that you will be able to assist yourself by use of these forms
and any subsequent advice we will be circulating.
Copies
of the forms will be sent out on the email and will also be made
available at the magistrates court at 8:30 each day that the hearings
are scheduled – provided we can find volunteers to do this. Additionally,
copies can be collected from the law firms of Kantor & Immerman
and Gollop & Blank in Harare. More collection places will be
notified in due course.
Choose
the correct form
1. Born in Zimbabwe
and choose to refer your appeal to the High Court
- Click here to
view citHC.rtf OR
- Download this
document:
- Rich
Text File (RTF) version - (11KB) can be opened by most word
processors
- Acrobat
PDF version - (61KB)
2. Born in Zimbabwe
and choose to settle your appeal in the Magistrate's Court
- Click here to
view citMC.rtf OR
- Download this
document:
- Rich
Text File (RTF) version - (10KB) can be opened by most word
processors
- Acrobat
PDF version - (60KB)
3. Permanent
resident before you became a Zimbabwe citizen and choose to refer
your appeal to the High Court
- Click here to
view resHC.rtf OR
- Download this
document:
- Rich
Text File (RTF) version - (12KB) can be opened by most word
processors
- Acrobat
PDF version - (62KB)
4. Permanent
resident before you became a Zimbabwe citizen and choose to settle
your appeal in the Magistrate's Court
- Click here to
view resMC.rtf OR
- Download this
document:
- Rich
Text File (RTF) version - (11KB) can be opened by most word
processors
- Acrobat
PDF version - (62KB)
Volunteers
needed
Zimbabwe Lawyers
for Human Rights (ZLHR) need:
a. Lawyers to
assist with this exercise
b. Volunteers
to help with handing out the forms described above and attached
to this email, at the various magistrates courts around the country.
This particularly applies to Harare this week. People who are prepared
to be collection points for these forms are also invited to call.
Please call
Harare (04) 251468 and leave
the following information on the answer phone/fax
- Name
- Contact number
- City
- Dates on
which you are available to distribute forms
Do your best
to attend your court hearing
Please do your
best to see this process through this stage. It would be a great
pity to lose your vote when you have every right to retain it.
Visit the CLG
Fact
sheet
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
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