Basic information |
Substance of the ruling |
Accessibility of the case and further relevant links |
Date |
Name of the case (or case number) |
The body delivering the decision |
Keywords, topic |
Executive part |
Brief summary |
Full text |
Page at the website of the issuing court |
Page in other databases |
Unofficial materials, press communications |
February 12. 2021. |
2021 ZWMTHC 6 |
High Court of Zimbabwe |
Right to a fair trial |
The High Court of Zimbabwe held that ordering an in person disciplinary hearing during the lockdown meant a severe limitation on right to a fair trial. |
An employee was notified that he should attend an in person disciplinary trial held by his employer during the public health emergency. The employee was unable to find legal representation due to the public health restrictions, then, the disciplinary trial was postponed with two days to allow necessary preparations. During this time the employee found legal representation and turned to the High Court to block the in person disciplinary trial because during that period, only essential services were permitted and such a trial should not amount to an essential service. The High Court upheld the claim and considered that an in person disciplinary meeting during the public health emergency meant a severe limitation on right to a fair trial, therefore, the trial was ordered to be postponed to a later date. |
https://zimlii.org/akn/zw/judgment/zwmthc/2021/6/eng@2021-02-12/source.pdf |
https://zimlii.org/akn/zw/judgment/zwmthc/2021/6/eng@2021-02-12 |
https://www.covid19litigation.org/case-index/zimbabwe-high-court-mutare-2021-zwmthc-6-2021-02-12 |
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February 3. 2021. |
2021 ZWHHC 3 |
High Court of Zimbabwe |
Dignity; discrimination; rights of prisoners |
The High Court of Zimbabwe rejected an urgent claim concerning the prison conditions during the public health emergency. |
A prisoner approached the High Court of Zimbabwe and argued that the lack of special policies how to implement public health restrictions in prisons resulted in the violation of right to dignity and right to non-discrimination due to the insufficient protection of prisoners. The High Court rejected the claim on a technical ground, because more than one month passed from the promulgation of the Covid-related restrictions and the submission of the application, therefore, the requirements of urgency have not been met. |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-harare-2021-zwhhc-3-2021-02-03 |
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October 14. 2020. |
2020 ZWHHC 642 |
High Court of Zimbabwe |
Right to life; public transport |
The High Court of Zimbabwe dismissed an application submitted against the undue implementation of public health protocols on the public transport. |
The applicants contended that public transport operators did not enforce effectively the public health protocols which infringed the right to life of several passengers. The High Court held, that the inproper implementation does not affect the constitutionality of a regulation, however, the Court expressed its concerns about the lack of proper enforcement. |
https://zimlii.org/akn/zw/judgment/zwhhc/2020/642/eng@2020-10-14 |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwhhc-642-2020-10-14 |
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June 19. 2020. |
2020 ZWHHC 414 |
High Court of Zimbabwe |
Right to social security |
The High Court of Zimbabwe dismissed an application submitted due to the lack of additional social security allowances for marginalized social layers during the public health emergency. |
The applicant, a driver who lived with his wife, child and nephew submitted a claim to the High Court because the lack of additional social security allowances for marginalized social layers during the public health emergency. He also registered himself to the list of those persons who would need additional aid, but nothing was provided. In the meantime, the lack of potable water and other resources caused huge difficulties for several persons with less regular income. The High Court found that no sufficient reasons were specified for an urgent court order, therefore, the application was dismissed. |
https://zimlii.org/akn/zw/judgment/zwhhc/2021/414/eng@2021-08-12 |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwhhc-414-2020-06-19 |
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June 18. 2020. |
2020 ZWBHC 118 |
High Court of Zimbabwe |
Public participation; right to assembly |
The High Court of Zimbabwe dismissed a claim against a parliamentary resolution inviting people to attend public gatherings without public health adaptation to discuss a planned constitutional amendment. |
The High Court of Zimbabwe dismissed a claim against a parliamentary resolution inviting people to attend public gatherings without public health adaptation to discuss a planned constitutional amendment. The High Court argued that a constitutional process shall not be halted unless compelling reasons require this, and the applicant failed to demonstrate such compelling arguments. Further arguments would have been raised by the applicant to justify, that the public health emergency caused severe risk for persons attending the public gatherings from the planned constitutional amendment. |
https://zimlii.org/akn/zw/judgment/zwbhc/2020/118/eng@2020-06-18 |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwbhc-118-2020-06-18 |
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May 26. 2020. |
2020 ZWHHC 334 |
High Court of Zimbabwe |
Freedom to conduct a business; discrimination; right to work |
The High Court of Zimbabwe dismissed a claim challenging the closure of private businesses during the first stage of the reopening, because the measure was deemed to be necessary and proportionate. |
The claimant attacked a government measure allowing certain service providers to be reopened, however, still kept smaller private businesses closed during the first stage of the reopening process in May 2020. The claimant considered that this measure was discriminatory, and also infringed right to conduct a business and right to work. The High Court dismissed the claim, because the impugned measure was deemed to be necessary and proportionate. |
https://zimlii.org/akn/zw/judgment/zwhhc/2020/334/eng@2020-05-26 |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwhhc-334-2020-05-26 |
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May 21. 2020. |
2020 ZWMSVHC 19 |
High Court of Zimbabwe |
Right to water; right to healthy environment |
The High Court of Zimbabwe dismissed a claim against the Zimbabwe National Water Authority, which failed to provide clean water for the applicants. The applicants failed to prove that irreparable harm would be caused for them if the injunctive relief would not be granted. |
The High Court of Zimbabwe dismissed a claim against the Zimbabwe National Water Authority, which failed to provide clean water for the applicants. The applicants failed to prove that irreparable harm would be caused for them if the injunctive relief would not be granted. |
https://zimlii.org/akn/zw/judgment/zwmsvhc/2020/19/eng@2020-05-21 |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwmsvhc-19-2020-05-21 |
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April 15. 2020. |
2020 ZWHHC 263 |
High Court of Zimbabwe |
Right to social security |
The High Court of Zimbabwe dismissed an application for door-to-door distribution of food and potable water during the public health emergency, because the Public Health Ministry had already implemented such measures. |
The applicant requested a court order that the Ministry of Public Health shall distribute food and potable water directly for persons severely affected by the lockdown measures. The High Court dismissed the application because the Ministry had already implemented such measures. |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwhhc-263-2020-04-15 |
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April 4. 2020. |
2020 ZWMTHC 29 |
High Court of Zimbabwe |
Right to water; right to healthy environment |
The High Court of Zimbabwe held that the Zimbabwe National Water Authority should secure the access to potable water for everyone regardless of unpaid bills or other similar circumstances. |
The High Court of Zimbabwe heard an urgent claim submitted by an individual deprived of tap water due to his unpaid bills towards the service provider. The High Court of Zimbabwe granted the urgent relief and imposed the duty on the Zimbabwe National Water Authority to provide clean water to everyone regardless of unpaid depts. The High Court noted that this order does not mean the lifting of any dept or the permission for a rescheduled payment, just the water service should be secured during the period of the public health emergency regardless of the individual circumstances to avoid significant public health consequences. |
https://zimlii.org/akn/zw/judgment/zwmthc/2020/29/eng@2020-04-04 |
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https://www.covid19litigation.org/case-index/zimbabwe-high-court-zimbabwe-2020-zwmthc-29-2020-04-04 |
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