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Harare High Court
Elias Zanondoga Mapendere and Francis Chikasha Phiri and Jani Musanjeya v Minister of Justice, Legal and Parliamentary Affairs and Minister of Finance and Economic Development and Attorney General of Zimbabwe and Gift Marunda (Former COPAC National Coordinator)
HH 420-17
Case Details
Court
Harare High Court
Date
5 July 2017
Citation
HH 420-17
Neutral Citation
[2017] ZWHH 420
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Administrative LawConstitutional LawInterdicts
Keywords
mandatory interdictCOPACconstitutional benefitsend of project benefitspublic authority
Tags
mandatory interdictpublic authorityconstitutional benefitsCOPAC
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Secretary for Justice had authority to depose to an opposing affidavit on behalf of the Minister and Attorney General","issue_type":"procedural","dispositive":"no","related_facts":"Secretary is accounting officer, deposed affidavit on behalf of ministers"}
- {"issue_text":"Whether applicants have established a clear legal right to end of project benefits","issue_type":"mixed","dispositive":"yes","related_facts":"Financial interest established but no legal right proven"}
- {"issue_text":"Whether a mandatory interdict should be granted to compel payment of benefits","issue_type":"mixed","dispositive":"yes","related_facts":"Requirements of interdict not met"}
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background
Facts of the Case
Background
Three former COPAC employees sought a mandatory interdict compelling government ministers to pay them end of project benefits that were paid to other COPAC members but excluded them from the beneficiary list submitted by COPAC's national coordinator.
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