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Harare High Court
Sheila Francis Jarvis and Zimbabwe Human Rights Association (ZimRights) v Minister of Justice Legal and Parliamentary Affairs N.O. and Minister of Finance and Economic Development N.O. and Minister of Home Affairs and Cultural Heritage N.O. and Parliament of Zimbabwe
HH 74-21
Case Details
Court
Harare High Court
Date
19 February 2021
Citation
HH 74-21
Neutral Citation
[2021] ZWHH 74
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHINAMORA J
Full Bench
CHINAMORA J
Areas of Law
Constitutional lawAdministrative lawStatutory instruments
Keywords
SI 25/21Constitutional invaliditySection 175(1) ConstitutionInterim reliefParliamentary approval
Tags
Statutory instrument validityConstitutional challengeUrgent application
legislation
Statutes Cited
- Constitution of Zimbabwe (Amendment No 20) Act 2013
- Constitution of Zimbabwe (Amendment No 20) Act 2013
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Nine-day delay between 25 January and 3 February"}
- {"issue_text":"Whether the court can grant interim relief suspending operation of statutory instrument before constitutional invalidity is declared","issue_type":"constitutional/procedural","dispositive":"yes","related_facts":"Section 175(1) Constitution requires Constitutional Court confirmation"}
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background
Facts of the Case
Background
Applicants sought to interdict enforcement of SI 25/21 which increased fines for COVID-19 regulation breaches, arguing it was passed without parliamentary approval and violated constitutional requirements. The application was brought urgently on 3 February 2021, nine days after the statutory instrument was gazetted on 25 January 2021.
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