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Harare High Court

Heal Zimbabwe and Tonderai Chiwanza v The President of the Republic of Zimbabwe and The Attorney General of Zimbabwe

HH 269-25

Case Details

Court
Harare High Court
Date
11 April 2025
Citation
HH 269-25
Neutral Citation
[2025] ZWHH 269
Outcome
unknown
Case Type
Application

Bench

Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Constitutional LawAdministrative LawPublic Procurement Law
Keywords
section 85 constitutional applicationpublic procurement transparencynational interest exemptionlocus standiprocedural compliance
Tags
constitutional challengepublic procurementtransparencynational interest
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Public Procurement and Disposal of Public Assets Act
  • High Court Rules
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the constitutional application was properly before the court having regard to procedural requirements","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants failed to cite Rule 107 of High Court Rules 2021; application combined section 85 cause with matters outside Bill of Rights"}
  • {"issue_text":"Whether section 3(6) of the Public Procurement and Disposal of Public Assets Act violates constitutional provisions on transparency and accountability","issue_type":"constitutional","dispositive":"no","related_facts":"Section allows presidential exemption from disclosure; applicants argue it promotes corruption"}
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background
Facts of the Case

Background

The applicants, a civil society organization and a human rights activist, challenged the constitutional validity of section 3(6) of the Public Procurement and Disposal of Public Assets Act, which allows the President to exempt certain procurements from public disclosure on national interest grounds. They alleged this violated constitutional provisions on transparency and accountability. The respondents raised a procedural objection that the application was improperly before the court.
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