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Harare High Court

Mildred Mapingure v Minister, Home Affairs and Minister, Health and Child Welfare and Minister of Justice, Legal and Parliamentary Affairs

HH 452-12

Case Details

Court
Harare High Court
Date
12 December 2012
Citation
HH 452-12
Neutral Citation
[2012] ZWHH 452
Outcome
unknown
Case Type
Application

Bench

Presiding
BERE J
Full Bench
BERE J
Areas of Law
Delictual liabilityMedical negligenceGovernment employee negligence
Keywords
termination of pregnancyrape victimpolice negligencemedical negligencegovernment liability
Tags
medical negligencegovernment liabilityreproductive rights
legislation
Statutes Cited
  • Termination of Pregnancy Act
  • Termination of Pregnancy Act
  • Termination of Pregnancy Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether first defendant's employees were negligent in failing to facilitate pregnancy termination","issue_type":"mixed","dispositive":"yes","related_facts":"Police shuffled applicant between offices for 3 days"}
  • {"issue_text":"Whether second defendant's employees were negligent in failing to terminate pregnancy","issue_type":"mixed","dispositive":"yes","related_facts":"Doctor insisted on police report before termination"}
  • {"issue_text":"Whether third defendant's employees were negligent in failing to issue termination certificate timeously","issue_type":"mixed","dispositive":"yes","related_facts":"Certificate only obtained at 7 months pregnancy"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a rape victim, sought to terminate her pregnancy within the legally prescribed timeframe but was unsuccessful due to alleged negligence by government officials from three ministries who failed to facilitate the termination process, resulting in her carrying the pregnancy to term and giving birth to a child.
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