GURTA AG v AFARAS MTAUSI GWARADZIMBA N.O

Key Issues

• {"issue_text":"Does this court have jurisdiction to strike down current legislation under the old constitutional regime?","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought under old constitution before new constitution effective date"}
• {"issue_text":"Is s 6(b) of the Reconstruction Act unconstitutional for violating access to courts?","issue_type":"constitutional","dispositive":"no","related_facts":"Administrator must grant leave to sue company under reconstruction"}
• {"issue_text":"Has the constitutionality of s 6 already been decided by the Supreme Court?","issue_type":"procedural","dispositive":"no","related_facts":"Previous Supreme Court decision in African Resources case"}
• {"issue_text":"Is the applicant entitled to leave to sue for breach of warranty against eviction?","issue_type":"mixed","dispositive":"yes","related_facts":"Administrator failed to consider leave application and predetermined outcome"}

Background