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Mutare High Court

THE TRUSTEES OF THE ARDA-TRANSAU RELOCATION DEVELOPMENT TRUST versus ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC) (PVT) LTD

HMT 29-20

Case Details

Court
Mutare High Court
Date
4 April 2020
Citation
HMT 29-20
Neutral Citation
[2020] ZWHMT 29
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Administrative LawConstitutional LawElectricity Law
Keywords
National LockdownStatutory Instrument 83 of 2020WHO GuidelinesDisconnectionHygiene
Tags
COVID-19Essential ServicesElectricity SupplyWater SupplyPublic Health
legislation
Statutes Cited
  • Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants' urgent chamber application meets the requirements of urgency given the COVID-19 pandemic and the lack of water supply.","issue_type":"procedural","dispositive":"yes","related_facts":"Disconnection of electricity, national lockdown, lack of water for hygiene"}
  • {"issue_text":"Whether the balance of convenience favors granting the interim relief sought (restoration of electricity).","issue_type":"mixed","dispositive":"yes","related_facts":"Debt owed vs. public health risk"}
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background
Facts of the Case

Background

The applicants, a community relocated from Chiadzwa diamond fields, faced a disconnection of electricity supply to water pumps due to unpaid bills accumulated after mining companies stopped subsidizing the costs. With the onset of the COVID-19 pandemic and the subsequent national lockdown, the lack of running water posed a severe health risk, prompting the urgent application for the restoration of electricity to ensure water supply for hygiene.
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