Fundamental rights

City of Harare v Makungurutse & 3 Others (SC 46/18, Civil Appeal No. 603/16) [2018] ZWSC 46 (26 July 2018);

REPORTABLE        (35)

 

CITY     OF     HARARE

v

(1)     TAWANDA     MUKUNGURUTSE     (2)     PATRICK     CHIKOHORA     (3)     CLEDWYN     MUTETE     (4)     MINISTER     OF     LOCAL     GOVERNMENT     PUBLIC     WORKS     AND     NATIONAL     HOUSING

 

 

 

 

SUPREME COURT OF ZIMBABWE

GARWE JA, GUVAVA JA & ZIYAMBI AJA

HARARE, SEPTEMBER 15, 2017 & JULY 26, 2018.

Anjin Investments (Private) Limited v The Minister of Mines and Mining Development & 3 Others (CCZ 6/18, Constitutional Application No. CCZ 38/16) [2018] ZWCC 6 (27 June 2018);

The applicant, had received a letter from the Secretary for Mines and Mining Development alerting them that their special grants for mining had expired and they had to cease all mining activities and vacate the covered mining areas. The Minister further issued a press statement on the consolidation of all diamond mining activities in the grant areas.

The applicant averred that the above decisions had prejudicial effect on it which also violated its property rights.

The respondents alluded that the application was improperly brought before the court as it appeared to be a response to the judgment of the High Court which the applicant had previously lodged but never appealed and that the cause of action was res judicata and that the avoidance principle applied here. The court, therefore, had to decide on these three main points.

The court held that the appeal had been disguised as a case concerning constitutional points and should have been brought in terms of s167(5)(b) of the Constitution.

It held that although the basis of the application had changed with the introduction of the constitutional question, the effect of the relief sought remained the same.

The court also held that the bulk of the applicant’s case was on right to just administrative action which was protected under the Administrative Justice Act which had sufficient grounds to deal with the rights they alleged had been infringed.

The matter was dismissed with costs.

REPORTABLE        (6)

 

 

ANJIN     INVESTMENTS    (PRIVATE)     LIMITED

v

  1.  

 

 

 

CONSTITUTIONAL COURT OF ZIMBABWE

MALABA CJ, GWAUNZA JCC, GOWORA JCC,

HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC,

MAVANGIRA JCC, UCHENA JCC & ZIYAMBI AJCC

HARARE, 19 JULY, 2017 AND 27 JUNE, 2018.

 

 

 

 

Glens Removal & Storage Zimbabwe (Private) Limited (CCZ 6/17) [2017] ZWCC 6 (05 March 2014);

REPORTABLE (8)

 

 

 

 

 

 

 

 

GLENS  REMOVAL  AND  STORAGE  ZIMBABWE  (PRIVATE)  LIMITED

 

v

 

PATRICIA     MANDALA

 

 

CONSTITUTIONAL COURT OF ZIMBABWE

CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC & GUVAVA JCC

HARARE, MARCH 5, 2014

 

 

Movement for Democratic Change (T) & Others v Zimbabwe Electoral Commission & Others (HH 5-18, HC 10623/17) [2018] ZWHHC 5 (29 November 2017);

MOVEMENT FOR DEMOCRATIC CHANGE (T)

and

MOVEMENT FOR DEMOCRATIC CHANGE (N)

and

SARAH KACHINGWE

versus

ZIMBABWE ELECTORAL COMMISSION

and

REGISTRAR GENERAL N.O

and

MINISTER OF HOME AFFAIRS

and

ZIMBABWE AFRICAN NATIONAL UNION PATRIOTIC FRONT [ZANU PF]

 

HIGH COURT OF ZIMBABWE

MUNANGATI-MANONGWA J

HARARE, 29 November 2017

 

Urgent application

 

D Halimani for the applicants

TM Kanengoni for the 1st respondent

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