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Harare High Court
SM (A Minor Child) and A H (A Minor Child) and Care At The Core of Humanity (CATCH) v The Minister of Primary and Secondary Education and Minister of Health and Child Care and Minister of Public Service and Social Welfare and Minister of Finance and Zimbabwe Human Rights Commission
HH 221-23
Case Details
Court
Harare High Court
Date
29 March 2023
Citation
HH 221-23
Neutral Citation
[2023] ZWHH 221
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Constitutional lawEducation lawAdministrative law
Keywords
Right to educationCOVID-19 pandemicRadio lessonsDiscriminationMarginalized children
Tags
Education rightsCOVID-19DiscriminationAccess to education
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No.2) Act of 2013
- Constitution of Zimbabwe Amendment (No.2) Act of 2013
- Constitution of Zimbabwe Amendment (No.2) Act of 2013
- Constitution of Zimbabwe Amendment (No.2) Act of 2013
- Constitution of Zimbabwe Amendment (No.2) Act of 2013
- Constitution of Zimbabwe Amendment (No.2) Act of 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the government's failure to ensure access to radios for marginalized children during COVID-19 radio lessons constituted discrimination violating constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Government introduced radio lessons; marginalized children lacked access; pandemic created restrictions"}
- {"issue_text":"Whether the application had been overtaken by events due to end of pandemic","issue_type":"procedural","dispositive":"no","related_facts":"COVID-19 pandemic ended before judgment"}
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background
Facts of the Case
Background
Two minor children and an NGO (CATCH) brought a constitutional application against government ministers, alleging discrimination when the government introduced radio lessons for primary school children during COVID-19 without ensuring access for marginalized children. The applicants claimed this violated their constitutional rights to education, equality, and non-discrimination.
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