Minister of Foreign Affairs and International Trade v Destiny Ventures (Proprietary) Limited (Botswana)

HH 105-25

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Case Details

Court

Harare High Court

Date

25 February 2025

Citation

HH 105-25

Neutral Citation

[2025] ZWHH 105

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Civil ProcedureInternational LawArbitration Law

Keywords

rescissiondefault judgmentUNICEF immunityarbitrationcondonation

Key Issues

{"issue_text":"Does the Minister of Foreign Affairs have locus standi to seek rescission of a default judgment granted against UNICEF?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant was not party to HC 741/21; Government asserts duty to protect UN immunities"}
{"issue_text":"Was there good and sufficient cause to rescind the default judgment?","issue_type":"mixed","dispositive":"yes","related_facts":"UNICEF immunities; arbitration award finality; previous condonation grant"}
{"issue_text":"Did the court have jurisdiction to set aside the arbitral award against UNICEF?","issue_type":"law","dispositive":"no","related_facts":"UNICEF's United Nations immunities; arbitration conducted in South Africa"}

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Facts of the Case

Background

The Minister of Foreign Affairs seeks rescission of a default judgment granted against UNICEF in 2021, arguing that the court lacked jurisdiction over UNICEF due to its United Nations immunities and that the arbitral award set aside should have been final.

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