Back to top
Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Harare High Court

Zimbabwe Informal Sectors Organisation and Mfundo Mlilo v The Minister of Health and Child Care

HH 36-21

Case Details

Court
Harare High Court
Date
1 February 2021
Citation
HH 36-21
Neutral Citation
[2021] ZWHH 36
Outcome
unknown
Case Type
Urgent Chamber Application

Bench

Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Constitutional LawAdministrative LawPublic Health
Keywords
Statutory InstrumentUltra ViresLocus StandiSeparation of PowersTrustUniversitas
Tags
Constitutional ValidityDelegated LegislationCOVID-19Lockdown Regulations
legislation
Statutes Cited
  • Public Health Act
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • Constitution of Zimbabwe (Amendment No. 20) Act 2013
  • 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 first applicant has legal personality to institute proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The first applicant is a trust but claimed to be a common law universitas"}
  • {"issue_text":"Whether the applicants have locus standi to institute the proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The first applicant is not a legal person and the second applicant's case is parasitical"}
  • {"issue_text":"Whether the High Court has jurisdiction to grant the interim relief sought","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants sought suspension of a statutory instrument and a declarator of constitutional invalidity"}
  • {"issue_text":"Whether the interim relief sought is competent","issue_type":"procedural","dispositive":"yes","related_facts":"The relief was couched as interim but was capable of final application"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants challenged the constitutional validity of the Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (No, 2) (Amendment) order 2021 (SI 10/2021), which reverted the country to Level IV lockdown restrictions. The first applicant, a trust, claimed to be a common law universitas representing informal sector workers, while the second applicant was an individual citizen. The respondent, the Minister of Health and Child Care, argued the regulations were necessary to curb the spread of COVID-19.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →