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Harare High Court
Aaron Nyarugwe v Dharwizi Transport (Private) Limited
HH 776-18
Case Details
Court
Harare High Court
Date
21 November 2018
Citation
HH 776-18
Neutral Citation
[2018] ZWHH 776
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Constitutional LawAdministrative LawProperty Law
Keywords
Right to shelterSection 81(1)(f)Best interests of the childArbitrary evictionProgressive realisationSocio-economic rights
Tags
HousingChildren's RightsConstitutional LawSocio-economic RightsEviction
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Land Acquisition Act [Chapter 20:09]
- Rural District Councils Act [Chapter 29:13]
- Regional Town Planning Act [Chapter 29:12]
- Children's Act [Chapter 5:06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether children have an absolute, justiciable right to shelter under section 81(1)(f) of the Constitution that can be enforced against the State on demand","issue_type":"constitutional","dispositive":"yes","related_facts":"All facts regarding applicants' occupation and demand for shelter"}
- {"issue_text":"Whether the State has a primary obligation to provide shelter to children who are in the care of their parents","issue_type":"law","dispositive":"yes","related_facts":"Applicants have living parents who care for them"}
- {"issue_text":"Whether the respondents' threatened eviction of applicants is lawful","issue_type":"law","dispositive":"yes","related_facts":"Applicants occupy land without title; respondents have development rights"}
- {"issue_text":"Whether applicants are entitled to an interdict against eviction","issue_type":"law","dispositive":"yes","related_facts":"Threatened eviction without alternative accommodation"}
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background
Facts of the Case
Background
The applicants, an association of homeless people and members acting on behalf of their minor children, sought to enforce an alleged absolute right to shelter for children under section 81(1)(f) of the Constitution. They occupied Haydon Farm since 2000 but were threatened with eviction by respondents who had allocated the land for urban development. The court found that the right to shelter is not absolute and enforceable on demand, but subject to progressive realisation within available state resources.
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