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Constitutional Court

Housing Corporation of Zimbabwe (Pvt) Ltd v National Social Security Authority & Anor

[2025] ZWCCZ 10

Case Details

Court
Constitutional Court
Date
24 July 2025
Citation
[2025] ZWCCZ 10
Judgment No.
CCZ 10-25
Outcome
unknown
Case Type
Application

Bench

Presiding
Patel JCC
Full Bench
Garwe JCCHlatshwayo JCCPatel JCC
Areas of Law
Constitutional LawArbitration LawCommercial Law
Keywords
direct accessarbitral awardpublic policyconstitutional reviewSupreme Courtfinality of arbitration
Tags
arbitrationconstitutional reviewdirect accesspublic policy
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Supreme Court Act
  • Supreme Court Act
  • Arbitration Act
  • Arbitration Act
  • National Social Security Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether it is in the interests of justice to grant direct access to challenge Supreme Court judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks to challenge SC 334-23 on constitutional grounds"}
  • {"issue_text":"Whether Supreme Court acted as court of first instance in determining public policy issue","issue_type":"procedural","dispositive":"no","related_facts":"Public policy was raised in High Court and Supreme Court"}
  • {"issue_text":"Whether Supreme Court violated principle of finality of arbitral awards","issue_type":"law","dispositive":"no","related_facts":"Award set aside on public policy grounds"}
  • {"issue_text":"Whether Supreme Court infringed applicant's constitutional rights under s 56(1) and s 69(2)","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged failure to apply ZESA v Maposa principles"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant company entered into a Housing Offtake Agreement with NSSA for construction of 8000 housing units. A dispute arose leading to arbitration where the applicant was awarded US$22 million damages. The High Court registered the award but the Supreme Court set it aside on public policy grounds. The applicant sought direct access to the Constitutional Court alleging infringement of constitutional rights.
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