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Harare High Court

Alan Moyo v Minister of Justice, Legal and Parliamentary Affairs N.O. and Others

HH 28-21

Case Details

Court
Harare High Court
Date
3 February 2021
Citation
HH 28-21
Neutral Citation
[2021] ZWHH 28
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Constitutional lawAdministrative lawPublic health law
Keywords
COVID-19Prison overcrowdingHuman rightsConstitutional reliefUrgent application
Tags
COVID-19Prison conditionsConstitutional rightsUrgent application
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Public Health Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application is urgent given that COVID-19 has been present for months","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant detained for over 40 days before filing application"}
  • {"issue_text":"Whether the founding affidavit was defective due to filing date discrepancy","issue_type":"procedural","dispositive":"no","related_facts":"Affidavit signed 11 days after alleged filing date"}
  • {"issue_text":"Whether the relief sought is competent in an urgent chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"No provisional order attached to application"}
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background
Facts of the Case

Background

The applicant, a prisoner at Harare Remand Prison, brought an urgent application seeking orders to compel prison authorities to implement COVID-19 prevention measures, alleging overcrowding and lack of protective measures in prison.
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