Placide Masengesho v Minister of Public Service, Labour and Social Welfare

HH 125-23

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Case Details

Court

Harare High Court

Date

16 February 2023

Citation

HH 125-23

Neutral Citation

[2023] ZWHH 125

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Administrative lawRefugee lawImmigration law

Keywords

RefugeeExpulsionNoticeRepresentationsTime limits

Key Issues

{"issue_text":"Whether the court should grant a declaratory order setting aside the expulsion notice issued by the respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to make representations within 14 days, claims improper service"}
{"issue_text":"Whether the applicant was properly served with the expulsion notice","issue_type":"factual","dispositive":"no","related_facts":"Applicant signed for notice but claims not left with copy"}
{"issue_text":"Whether the respondent acted within statutory powers in issuing the expulsion notice","issue_type":"law","dispositive":"no","related_facts":"Respondent issued notice under s 15(1) of Refugees Act"}

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background

Facts of the Case

Background

The applicant, a Rwandan refugee who entered Zimbabwe in 2007, was served with an expulsion notice in October 2019 on grounds of disturbing national security and identity fraud. He failed to make written representations within the 14-day period provided by law and later sought a declaratory order to set aside the expulsion notice, claiming he was not properly served and did not understand the notice's import.

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