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Harare High Court

Allison Charles and Counselling Services Unit v The President of the Republic of Zimbabwe and 10 Others

HH 732-18

Case Details

Court
Harare High Court
Date
7 November 2018
Citation
HH 732-18
Neutral Citation
[2018] ZWHH 732
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Administrative LawConstitutional LawPublic Law
Keywords
Commission of InquiryPresidential PrerogativeCabinet AdviceDeployment of Defence ForcesPublic Order
Tags
Commission of InquiryPresidential PowersConstitutional ChallengePost-Election Violence
legislation
Statutes Cited
  • Commissions of Inquiry Act
  • Commissions of Inquiry 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
  • Public Order and Security Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the President's statement of 29 August 2018 constitutes a reviewable decision","issue_type":"procedural","dispositive":"yes","related_facts":"Statement made before Commission legally established"}
  • {"issue_text":"Whether the President needed cabinet advice to establish the Commission of Inquiry","issue_type":"constitutional","dispositive":"yes","related_facts":"President acted under s 110(2)(d) of Constitution"}
  • {"issue_text":"Whether the President was conflicted in establishing the Commission due to alleged deployment of defence forces","issue_type":"factual/constitutional","dispositive":"yes","related_facts":"Defence forces deployment on 1 August 2018"}
  • {"issue_text":"Whether the appointment of certain commissioners should be set aside for bias","issue_type":"procedural","dispositive":"no","related_facts":"Allegations against Professors Madhuku and Manyeruke"}
  • {"issue_text":"Whether the Commission's terms of reference are biased and should be substituted","issue_type":"procedural","dispositive":"no","related_facts":"Applicants' proposed alternative terms"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants challenged the President's decision to establish a Commission of Inquiry into the 1 August 2018 post-election violence, arguing it was unconstitutional and that the President was conflicted. The first applicant's brother was killed during the violence, and the second applicant is an NGO providing services to victims of violence.
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