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Supreme Court
Minister of Foreign Affairs v Michael Jenrich & 2 Ors
SC 76/18
Case Details
Court
Supreme Court
Date
31 October 2018
Citation
SC 76/18
Neutral Citation
[2018] ZWSC 76
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGarwe JAGowora JAGuvava JAMavangira JA
Areas of Law
International lawAdministrative lawLabour law
Keywords
Functional immunitySovereign immunityInternational organisationFAOExecutionGarnishee order
Tags
International lawImmunityLabour disputeInternational organisation
legislation
Statutes Cited
- Privileges and Immunities Act
- Privileges and Immunities Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether international organisations such as FAO enjoy functional immunity or restrictive immunity","issue_type":"law","dispositive":"yes","related_facts":"FAO's status as international organisation, treaties signed by Zimbabwe"}
- {"issue_text":"Whether the Minister had locus standi to intervene in the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Minister issued certificate under s 14"}
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background
Facts of the Case
Background
The first respondent, a former FAO employee, obtained a labour court judgment against FAO for wrongful termination. When he attempted to execute against FAO's property, the Minister of Foreign Affairs intervened claiming FAO enjoyed absolute immunity from legal process and execution under international treaties and domestic law.
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