Supreme Court to hear Gula-Ndebele’s case today

The Supreme Court is to hear former attorney-general Sobusa Gula-Ndebele’s dismissal case today.

Gula-Ndebele was dismissed in May 2008 following the decision of a special tribunal which found him guilty of assuring then fugitive banker James Mushore that he would not be prosecuted in “circumstances where he was liable for prosecution”.

He took legal the chairperson of the tribunal, High Court Judge Chinembiri Bhunu to court asking the High Court to set aside the tribunal’s recommendation on the grounds of gross unreasonableness.

Justice Rita Makarau dismissed the application on procedural grounds saying Gula-Ndebele should have cited the President as a defendant.

Gula-Ndebele appealed to the Supreme Court against this decision, but when the appeal came up for hearing the other side objected that his notice of appeal was invalid and the appeal accordingly a nullity.

The Supreme Court in September 2010 overruled the objection and suggested that Gula-Ndebele should amend his notice of appeal.

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