Tendai Blessing Mangiro v The Minister of Justice & Legal Affairs (N.O.) and The Minister of Home Affairs (N.O.) and The Attorney-General of Zimbabwe (N.O.)

HH 172-17

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Case Details

Court

Harare High Court

Date

15 March 2017

Citation

HH 172-17

Neutral Citation

[2017] ZWHH 172

Outcome

unknown

Case Type

Application

Bench

Presiding

Mushore J

Full Bench

Mushore J

Areas of Law

Constitutional lawAdministrative lawCivil procedure

Keywords

State Liabilities ActSection 5(2)Immunity from executionConstitutional invalidityAccess to courts

Key Issues

{"issue_text":"Whether section 5(2) of the State Liabilities Act is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"State immunity from execution prevents enforcement of court judgment"}

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Facts of the Case

Background

The applicant was wrongly arrested and his property seized by police. After being acquitted, he obtained a court judgment for US$78,900 against the State, but the State failed to pay despite multiple court orders. The applicant challenged the constitutionality of section 5(2) of the State Liabilities Act which provides immunity from execution against State property.

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