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Urgency re: Constitutional Rights and Constitutional Proceedings

Appealed
HH150-12 : CLETUS CHUKWUKA ANUEYIANGU vs CHIEF IMMIGRATION OFFICER and THE CO-MINISTERS OF HOME AFFAIRS and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: MAVANGIRA J

The applicant is a Nigerian immigrant who is in Zimbabwe. He was arrested on 6 February 2012 by immigration officers. On 14 February 2012 he filed this urgent chamber application in which he seeks the following relief by way of Provisional Order:“INTERIM RELIEFPending the return day, it is hereby ordered that:1. First respondent ...
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HHH47-09 : THE STATE vs KISIMUSI E DHLAMINI and GANDHI MUDZINGWA and ANDRISON MANYERE
Ruled By: BHUNU J

Urgent Chamber Application for leave to appeal in terms of section 121 of the Criminal Procedure and Evidence Act [Chapter 9:07] as read with section 44(5) of the High Court Act [Chapter 7:06]. This is an urgent chamber application for leave to appeal against the decision of my brother HUNGWE J dated 9 April 2009 ...
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HH36-08 : MASIMBA KUCHERA and MICHAEL MUZA and TAFADZWA RUGOHO vs MINSTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA J

This matter was filed as an urgent chamber application in terms of Rule 241 of the High Court Rules. The applicants were seeking the following urgent relief:“Pending the confirmation or discharge of the provisional order, the following provisional order is granted:1. The Presidential Powers (Temporary Measures) (Amendment of Electoral Act) ...
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HH29-09 : FIDELIS CHIRAMBA and OTHERS vs MINISTER OF HOME AFFAIRS N.O. and COMMISSIONER GENERAL OF POLICE and OFFICER COMMANDING CID HOMICIDE, Chief Supt MAKEDENGE and DETECTIVE CONSTABLE MUUYA
Ruled By: HUNGWE J

In this application, the applicants seek an order -(a) Declaring their arrest and continued detention unlawful;(b) Requiring the respondents and all those calling through them or acting on their behalf to permit the applicants access to medical treatment at medical centres of their choice;(c) Directing the respondents or anyone calling ...
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HH11-08 : ALBERT MUGOVE MATAPO vs COMMANDER OF THE ZIMBABWE NATIONAL ARMY AND THREE OTHERS
Ruled By: HUNGWE J

This matter was placed before me during vacation, through the Chamber Book, as an Urgent Application, one day after the day the applicant was due to appear before a court martial convened by the first respondent. The court martial did not take place as a result. I directed that the matter be heard on the basis that ...
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HB68-09 : MISHECK MUKATA vs THE CHAIRPERSON OF PORTLAND HOLDINGS LIMITED DISCIPLINARY COMMITTEE and PORTLAND HOLDINGS LIMITED
Ruled By: CHEDA J

This is an urgent chamber application for an interdict seeking to suspend a disciplinary hearing which was set down for hearing on the 6th of April 2009. The applicant is employed by the second respondent as its Sales Administration Manager, and has been in that employment since February 2002. The first respondent is the Chairperson of the ...
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HH185-10 : MUHAMMAD ZAKIR vs CHIEF IMMIGRATION OFFICER and MINISTER OF HOME AFFAIRS
Ruled By: BERE J

Issues to do with the liberty of an individual, foreign or a citizen of this country must no doubt be brought to court at the earliest opportunity. Taking into account the circumstances surrounding this particular case, I am satisfied that the application was properly brought to court on an urgent basis.
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HH325-14 : TRUST ME SECURITY ORGANISATION vs LUCIA MARARIKE and JESSY CHIKWIRA and MESSENGER OF COURT N.O. and THE CLERK OF COURT CIVIL MAGISTRATES COURT N.O. and PROVINCIAL MAGISTRATE N.O.
Ruled By: MANGOTA J

The applicant's property was attached on 5 June 2014 and it was due for removal on 10 June 2014. The applicant filed its application with the court on 9 June 2014. The applicant, on the mentioned basis, appears to have treated its case with some urgency. Its case is, however, among many cases which the court would, ...
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CC13-16 : LIVERA TRADING (PRIVATE) LIMITED and SIMON RUDLAND and SARAH RUDLAND vs TORNBRIDGE ASSETS LTD and CUT RAG PROCESSORS (PVT) LTD and THE SHERIFF OF THE HIGH COURT N.O.
Ruled By: ZIYAMBI JCC

It was stated in the certificate of urgency that: “(i) By reason of its violation of the applicants' right of access to the courts as protected by section 69 of the Constitution, the order of MWAYERA J was invalid; (ii) The grant of this application would have an effect on whether the possibly invalid order ...
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HMA07-17 : CHARLES MASANGO and GLORIA MASAWI vs MINISTER OF PRIMARY & SECONDARY EDUCATION N.O. and PUBLIC SERVICE COMMISSION and DISTRICT SCHOOLS INSPECTOR N.O.and HEADMASTER, CHINGOMA HIGH SCHOOL
Ruled By: MAFUSIRE J

Except in some exceptional circumstances which do not concern this case, there is no question that a breach of a Constitutional right, or any right for that matter, is justiciable.
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HH19-15 : CONSTABLE CHIKOSHA and SERGEANT TAPERA vs OFFICER IN CHARGE, CHIKURUBI DETENTION BARRACKS and OFFICER IN CHARGE, MUREWA DISTRICT HEADQUATERS and COMMISSIONER GENERAL OF POLICE
Ruled By: MANGOTA J

The applicants who are, respectively, a constable and a sergeant in the Police Force were, on 14 August 2014, convicted of contravening paragraph 34 of the Schedule to the Police Act [Chapter 11:10] (the Act). They were each sentenced to 12 days detention at Chikurubi Detention Barracks.The applicants appealed to the Police Commissioner ...
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HH550-15 : CONSTABLE JANI 985403P vs THE OFFICER IN CHARGE ZRP MAMINA and THE OFFICER IN CHARGE CHIKURUBI DETENTION BARRACKS and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIGUMBA J

Clearly, if the applicant is detained and she serves her sentence of seven days imprisonment, that will constitute irreparable prejudice to whatever rights she may have in the appeal process. This court must deal with the matter straight away - without delay.
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CC07-14 : MAYOR LOGISTICS (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: MALABA DCJ

The decision on the second issue is that the facts ascertained have not established that the main application should be heard on an urgent basis. An order that a constitutional matter should be heard on an urgent basis is an extraordinary remedy designed to be granted in the clearest of cases. The principle of equality of treatment requires that ...
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HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

The applicants said the matter was urgent. The respondents' actions violated constitutional rights. The violations were on-going. With the elections drawing closer the violations were set to escalate and become intense. Children were being exposed to hate speech and inflammatory language. The need to act was now, not later. Accompanying the application was a certificate of ...
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HMA37-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE [2] and OBERT MASARAURE vs ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

The first respondent does not dispute the urgency of the matter….,. In my judgment in the original application, I made a positive finding that the respondents were guilty of flagrant abuse of the rights and freedoms of the school children; their schools and their teachers as was set out in that application. On such findings I held that ...
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HH26-08 : MOVEMENT FOR DEMOCRATIC CHANGE vs TIMOTHY MUBHAWU
Ruled By: HUNGWE J

This matter was placed before me through the Chamber Book as an urgent application on March 10, 2008. The applicant seeks the following provisional order against the respondent:“Pending confirmation or discharge of this Provisional Order;1. The respondent be and is forthwith hereby interdicted and restrained from using the applicant's name ...
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HH02-21 : ERNEST MHAMBARE vs ALFRED MWAZHA and OTHERS
Ruled By: MUREMBA J

Following a leadership dispute in the African Apostolic Church (VaApostora VeAfrica) which is the tenth respondent in this matter, the applicant approached this court, by way of a court application in case number HC2402/20 for a relief.He petitioned the court, in his capacity as an interested party, reverend and church ...
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CC15-17 : JONATHAN MOYO vs SERGEANT CHACHA and ZIMBABWE ANTI-CORRUPTION COMMISSION and COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE and PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ

This is a Chamber application in which the applicant sought an order in terms of the draft. The applicant and the fourth respondent (the Prosecutor General) consent to an order of the Court in terms of the draft order, as amended.The third respondent's position (the Commissioner General of Police, Zimbabwe ...
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HH236-18 : MFUNDO MLILO vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: MANGOTA J

This is an ordinary opposed application which the applicant turned into an urgent one. He did so through a letter which he addressed to the Registrar of this court. The letter is dated 20 February 2018. It reads, in part, as follows:“2. As you will be aware, the application, among ...
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HH363-13 : TAKANAYI MUREYI vs FORTUNE CHARUMBIRA
Ruled By: MTSHIYA J

This matter came before me as an urgent chamber application. I then set it down and heard the parties legal practitioners on 26 August 2013.After hearing the legal practitioners, I dismissed the application with costs.On 13 September 2013, the applicant's legal practitioners, Messrs Musendekwa and Mtisi, wrote to my clerk ...
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