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Harare High Court
Combined Harare Residence Association & 3 Ors v Minister of Local Government and Public Works and National Housing
HH 07-23
Case Details
Court
Harare High Court
Date
11 January 2023
Citation
HH 07-23
Neutral Citation
[2023] ZWHH 07
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Constitutional lawAdministrative lawLocal government law
Keywords
DevolutionLocal authoritiesMinisterial interferenceConstitutional validityUrban Councils Act
Tags
Constitutional challengeLocal governmentDevolutionMinisterial powers
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 314 of the Urban Councils Act is constitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Minister's power to reverse council decisions, constitutional provisions on devolution"}
- {"issue_text":"Whether applicants have locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are residents and ratepayers"}
- {"issue_text":"Whether City of Harare and GEOGENIX B.V should have been joined","issue_type":"procedural","dispositive":"no","related_facts":"Reference to contract between parties"}
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background
Facts of the Case
Background
The applicants, comprising residents associations and individual residents, challenged the constitutionality of section 314 of the Urban Councils Act which empowers the Minister to reverse, suspend or rescind resolutions, decisions or actions of councils. They argued this provision violates constitutional provisions on devolution and local governance.
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