{"issue_text":"Whether s 23(3)(b) and (c) of RTA limiting insurance payout infringes constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant seeks damages exceeding statutory limit; she was pedestrian not passenger"}
{"issue_text":"Whether s 70 of Police Act setting 8-month prescription period is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's claim prescribed after 8 months; she was hospitalized during part of period"}
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background
Facts of the Case
Background
On 17 April 2017, the applicant, a vendor, and her one-year-old son were at her vending site when a commuter omnibus veered off the road, injuring her and killing her son instantly. The vehicle was evading police officers. The applicant instituted proceedings on 9 April 2018 seeking US$510,000 in damages. She faced a prescription plea under s 70 of the Police Act and a tender of ZWL$2000 under s 23(3) of the Road Traffic Act.
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