Obey Shava v Minister of Justice, Legal & Parliamentary Affairs & 3 Ors

HH 490-24

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Case Details

Court

Harare High Court

Date

29 October 2024

Citation

HH 490-24

Neutral Citation

[2024] ZWHH 490

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Constitutional LawInternational LawHuman Rights Law

Keywords

Convention Against TortureEqual ProtectionConstitutional ObligationsSeparation of Powers

Key Issues

{"issue_text":"Does the President's failure to accede to CAT violate the applicant's right to equal protection and benefit of the law under section 56(1) of the Constitution?","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's alleged torture and comparison with other victims"}
{"issue_text":"Can the court compel the President to accede to CAT?","issue_type":"constitutional","dispositive":"yes","related_facts":"Presidential discretion under section 110(4)"}

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Facts of the Case

Background

The applicant, a legal practitioner, sought constitutional relief compelling the President and government to accede to and ratify the Convention Against Torture (CAT). He alleged that failure to do so violated his constitutional right to equal protection and benefit of the law, particularly following an incident where he was allegedly tortured by unknown assailants on 5 July 2023.

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