Bulawayo Upcoming Traders Association v The City of Bulawayo and The Minister of Local Government, Public Works and National Housing, N.O

HB 140-20

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Case Details

Court

Bulawayo High Court

Date

9 July 2020

Citation

HB 140-20

Neutral Citation

[2020] ZWHB 140

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Administrative lawLocal government lawPublic health regulations

Keywords

Vending baysCOVID-19 regulationsAdministrative actionUrgencyAbuse of court process

Key Issues

{"issue_text":"Whether the application met the requirements for urgency given the delay in approaching the court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant knew of removal since April 2020 but filed in June 2020; no vending bays existed at filing"}
{"issue_text":"Whether the order sought was competent given that the vending bays no longer existed","issue_type":"procedural","dispositive":"yes","related_facts":"Vending bays completely removed and road reopened; applicant sought access to non-existent bays"}
{"issue_text":"Whether the interim relief sought was final in nature and therefore incompetent","issue_type":"procedural","dispositive":"yes","related_facts":"Interim relief would grant final outcome without proving case on merits"}

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background

Facts of the Case

Background

The applicant, an association of informal traders, sought urgent relief to restore vending bays along 5th Avenue in Bulawayo that had been removed by the City of Bulawayo as part of COVID-19 decongestion measures. The City had allocated temporary vending bays in January 2020 but removed them in April 2020 following government directives to decongest the CBD.

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