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Harare High Court

Crisis in Zimbabwe Coalition Trust v Chief Superintendent G. Moyo N.O

HH 593-22

Case Details

Court
Harare High Court
Date
7 September 2022
Citation
HH 593-22
Neutral Citation
[2022] ZWHH 593
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Administrative LawPublic Order Law
Keywords
Public gatheringMaintenance of Peace and Order ActExhaustion of remediesInterdict
Tags
Administrative LawPublic OrderConstitutional Rights
legislation
Statutes Cited
  • Maintenance of Peace and Order Act
  • Maintenance of Peace and Order Act
  • Maintenance of Peace and Order Act
  • Maintenance of Peace and Order Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant was required to exhaust domestic remedies by appealing to Magistrates Court under s 11 of the Maintenance of Peace and Order Act before approaching the High Court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant approached High Court directly without appealing to Magistrates Court"}
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background
Facts of the Case

Background

The applicant trust sought to hold a public meeting on 12 August 2022 and notified the respondent as required by law. The respondent prohibited the meeting citing violation of the Act. The applicant approached the court on urgent basis seeking an interdict and declaratory relief without first exhausting the appeal remedy to the Magistrates Court as provided in s 11 of the Act.
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