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Bulawayo High Court
Charles Thomas & Anor & Anor & Anor v The President of the Republic of Zimbabwe N.O. & Anor & Anor & Anor & Anor & Anor
HB 195/20
Case Details
Court
Bulawayo High Court
Date
24 September 2020
Citation
HB 195/20
Neutral Citation
[2020] ZWHB 195
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Administrative lawConstitutional law
Keywords
GukurahundiExhumationNational Peace and Reconciliation CommissionDomestic remedies
Tags
GukurahundiExhumationConstitutional remedies
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Inquest Act
- Criminal Law Codification and Reform Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants exhausted domestic remedies under section 252(f) of the Constitution before approaching court","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to engage NPRC, availability of constitutional remedies"}
- {"issue_text":"Whether the 2nd applicant (trust) and 4th applicant (political party) were properly cited","issue_type":"procedural","dispositive":"yes","related_facts":"Trust not represented by trustees, no resolution for political party"}
- {"issue_text":"Whether the application was premature based on media reports","issue_type":"procedural","dispositive":"no","related_facts":"No actual exhumations commenced, no agreement reached"}
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background
Facts of the Case
Background
The applicants sought an urgent interdict to stop the President and other respondents from conducting exhumations of Gukurahundi victims, based on media reports suggesting such exhumations would commence in September 2020. The respondents raised preliminary objections regarding failure to exhaust domestic remedies under section 252 of the Constitution and improper citation of the 2nd and 4th applicants.
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