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Masvingo High Court

Nevermind Mutamba and Musekiwa Sungano Zvarebwanashe and Masvingo United Residents and Ratepayers Alliance v City of Masvingo and Minister of Local Government, Public Works and National Housing N.O and Minister of Health and Child Care and Minister of Finance N.O

HMA 19-20

Case Details

Court
Masvingo High Court
Date
21 May 2020
Citation
HMA 19-20
Neutral Citation
[2020] ZWHMA 19
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Constitutional lawAdministrative lawHuman rights
Keywords
Right to waterSection 77(a) ConstitutionCOVID-19 lockdownWater supplyMasvingo
Tags
Water rightsCOVID-19Constitutional rightsLocal government
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application was urgent given the COVID-19 lockdown circumstances","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 4 days after lockdown declaration"}
  • {"issue_text":"Whether the third applicant had locus standi to represent Masvingo residents","issue_type":"procedural","dispositive":"no","related_facts":"Third applicant is a trust, not membership-based organization"}
  • {"issue_text":"Whether the applicants established a prima facie right to the relief sought","issue_type":"mixed","dispositive":"yes","related_facts":"First and second applicants proven to receive consistent water supply"}
  • {"issue_text":"Whether the respondents' failure to supply water violated constitutional rights under sections 77(a) and 76","issue_type":"constitutional","dispositive":"yes","related_facts":"Water shortage during COVID-19 lockdown"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants brought an urgent chamber application seeking orders compelling the City of Masvingo to supply adequate clean and potable water to residents of specified suburbs during the COVID-19 national lockdown period. They alleged that the water shortage violated their constitutional rights to water and healthcare under sections 77(a) and 76 of the Constitution.
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