Ignatius Masamba v The Secretary of JSC

The applicant, appearing in person, brought two opposed applications (HC 6164/17 and HC 6187/17) against the Secretary of the Judicial Service Commission. In HC 6164/17, the applicant sought what he described as a "mandatory injunction to release ruling with stated reasons for the dismissal judgment related to Civil Appeal Case NO CIV 'A' 111/13". Both applications had similar relief sought and were heard together with the applicant's concurrence. The founding affidavits in both matters contained emotional outbursts and serious allegations against the judiciary, including claims of political interference, collusion, and that judges were "political hack judges" who were "crypto members of ZANU (PF)". The applicant made serious allegations against judges and political figures. Critically, a decree of perpetual silence had already been granted against the applicant in the case of Masamba v JSC Secretary & Anor case No. HH 238/17, which the applicant was aware of when bringing these applications.

• Whether the respondent was properly cited as a juristic person with locus standi
• Whether the applications constituted an abuse of court process given the existing decree of perpetual silence
• Whether the applicant was entitled to further reasons for the dismissal of his appeals
• Whether the applications should be dismissed with punitive costs

1. The applications in case numbers HC 6164/17 and HC 6187/17 were dismissed. 2. The applicant was ordered to pay costs of suit on a legal practitioner and client scale for both cases. 3. A decree of perpetual silence was granted against the applicant. 4. The Registrar of the High Court was directed not to accept or issue any process from the applicant without leave of a Judge of the court.

A litigant who brings applications to court in defiance of an existing decree of perpetual silence and with knowledge of such decree is abusing court process and may be subject to dismissal of the applications, punitive costs on an attorney-client scale, and further restrictive orders including preventing the Registrar from accepting future processes without leave of a judge. Applications must properly cite respondents who are juristic persons with legal standing; failure to do so renders the citation defective. Where a ruling clearly states that a notice of appeal is fatally defective and a nullity, there is no obligation to provide further reasons for dismissal.

The court observed that the applicant's founding affidavits contained unfortunate allegations against the judiciary that "amount to some form of political grandstanding or, borders on contempt of court". PHIRI J noted specific examples of the applicant's intemperate language, including allegations that judges were engaged in "physical violence", were "political hack judges", "crypto members of ZANU (PF)", and part of an "evil confederacy" and "malevolent confederacy" involving political interference. The court expressed that it "does not condone the conduct of the applicant" in setting matters on the opposed roll while fully aware of the existing decree of perpetual silence. The court's comments suggest a strong disapproval of litigants making scandalous political allegations in court papers, though the court stopped short of making a formal contempt finding.

This case demonstrates the Zimbabwean High Court's approach to vexatious litigants and abuse of court process. It illustrates the court's willingness to impose stringent measures, including decrees of perpetual silence and attorney-client cost orders, against litigants who persistently abuse court processes despite prior warnings and orders. The case also highlights the importance of proper citation of parties with legal standing and the court's intolerance of disrespectful and scandalous allegations against the judiciary in court papers. The grant of a decree preventing the Registrar from accepting further processes without judicial leave represents a significant restriction on access to courts, justified only in cases of serious and persistent abuse.