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Harare High Court
Delta One Security Company (Pvt) Ltd v Zimbabwe National Water Authority
HH 447-23
Case Details
Court
Harare High Court
Date
21 July 2023
Citation
HH 447-23
Neutral Citation
[2023] ZWHH 447
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chirawu-Mugomba J
Full Bench
Chirawu-Mugomba J
Areas of Law
Contract lawPublic finance law
Keywords
Security services contractPublic procurement complianceTreasury directiveOverpricing
Tags
ContractPublic procurementSpecific performancePublic finance
legislation
Statutes Cited
- Public Procurement and Disposal of Public Assets Act
- Private Investigations and Security Guards Act
- Public Finance Management Act
- ZINWA Act
- Water Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Ministry of Finance directive of 6 October 2022 affected the contract between the parties","issue_type":"law","dispositive":"yes","related_facts":"Treasury directive issued during contract period"}
- {"issue_text":"Whether the defendant was liable for the outstanding amount","issue_type":"law","dispositive":"yes","related_facts":"Contract existed, services rendered, partial payment made"}
- {"issue_text":"Whether the contract was contrary to public policy","issue_type":"law","dispositive":"no","related_facts":"Defendant is state entity, public funds involved"}
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background
Facts of the Case
Background
The plaintiff provided security guard services to the defendant from January to September 2022 under a contract requiring monthly payment upon invoice. After initially paying ZWL$18,771,510.25 of ZWL$47,344,619.61 invoiced, the defendant stopped payments claiming the contract violated public procurement requirements and that charges exceeded Ministry of Finance guidelines following a Treasury directive.
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