M & G Limited and Another v President of the Republic of South Africa and Others (1242/09) [2010] ZAGPPHC 43

4th June 2010

In 2002 the then President of the Republic of South Africa Thabo Mbeki. having obtained the concurrence thereto from, or the permission of the then Chief Justice, dispatched two sitting judges to Zimbabwe to conduct an investigation on his behalf. The papers are not clear what the mission of the two judges was. A precise statement of their terms of reference is not to be found in the affidavits. Trevor George Fowler, on whose affidavit the Respondents principally rely stated in this connection "In 2002 the two justices were appointed as something in the nature of envoys (referred to in this affidavit as "envoys") of the President of the Republic of South

Africa in order to assess the constitutional and legal challenges that had emerged in Zimbabwe and to report on those matters to the President directly and in confidence."

The President was of course aware of the importance to South Africa of stability in Zimbabwe...