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The Zimbabwe High Court has declared that section 8(1) of the Immigration Act, which allowed immigration officers to detain foreigners suspected of committing crimes for up to 14 days without judicial oversight, is unconstitutional and invalid.
On November 12, 2024, Justice Christopher Dube-Banda ruled that section 8(1) violated section 50(2)(b) of the Constitution, which ensures the right to be brought before a court within 48 hours of detention. The ruling emphasized that this provision infringed upon human rights, including liberty, dignity, and freedom.
This case was brought to the court by Tatenda Chakabva, a resident of Harare, with the support of the Zimbabwe Lawyers for Human Rights (ZLHR).
Chakabva argued that the provision allowed for arbitrary detention, which undermined constitutional rights and international treaties ratified by Zimbabwe, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
He was represented by lawyers Brighton Sadowero, Tinashe Chinopfukutwa, and Kelvin Kabaya.
Chakabva filed the application on May 28, 2024, seeking to have section 8(1) declared inconsistent with the Constitution.
He contended that it authorised immigration officers to detain suspects for up to 14 days without judicial oversight, violating the mandatory requirement that any arrested or detained person be brought to court within 48 hours.
The Chief Immigration Officer opposed the application, arguing that the provision was necessary to combat transnational crimes such as terrorism and human trafficking, justifying extended detention without judicial review.
Justice Dube-Banda disagreed, stating that judicial oversight is essential to protect the rights of detainees and ensure that continued detention is lawful. He emphasized that arbitrary detention without court oversight is unlawful and undermines the rule of law.
This ruling aligns with international and regional conventions, which require prompt judicial review of detention, and affirms that Zimbabwe’s immigration authorities cannot authorize prolonged detention without judicial review.
The High Court’s ruling is subject to confirmation by Zimbabwe’s Constitutional Court.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The Zimbabwe High Court said a law allowing immigration officers to hold suspects without court oversight for 14 days is wrong. The Court agreed with a man named Tatenda Chakabva that the law violates people's rights. Chakabva went to court with help from lawyers because he thinks the law allowed unfair detention. The Court said it's important for a judge to check if someone should stay in custody. They said this is also important in international rules. The ruling is not final and needs another court to confirm it. The ruling aims to protect people's rights and make sure they are treated fairly.

High Court Strikes Down Unconstitutional Provision Of Immigration Act

One of the 11 new judges of the High Court and Administrative Court appointed by President Emmerson Mnangagwa on Wednesday is a former magistrate who allegedly took out a bank loan and then refused to pay.
Eighty-two lawyers applied for the vacant positions, and 39 were shortlisted for interviews by the Judicial Service Commission (JSC) which then recommended the 11 candidates to the President.
In a notice, Mnangagwa said he had appointed former magistrates Faith Mushure and Ngoni Nduna and lawyers Regis Demure, Philipa Phillips, Gibson Mandaza, Joel Mambara, Naison Chivhayo, Vivian Ndlovu, Sijabuliso Siziba and Mpokiseng Dube as judges of the High Court.
Maxwell Kaitano is now the new Administrative Court Judge.
In interviews with <a href="https://www.zimlive.com/outcry-as-mnangagwa-appoints-11-new-judges-of-the-high-court/">ZimLive</a>, several lawyers expressed concern about the quality of some of the new judges.
Nduna, a former deputy chief magistrate, admitted during the interviews that he had taken a bank loan for his farm but neglected to pay it back. One senior lawyer said:
<blockquote>
What will incentivise the brilliant lawyers and advocates to put up their hands when there is a vacancy when the result is that you’re going to lose in the sense that you will not be appointed?
And what’s there to disincentivise the bottom feeders from raising their hands? The purpose of public interviews is to show people that this one is not qualified, he or she’s unworthy and the world will know about them.
Nduna took money from a bank to support his farming and refused to pay it back. They sued him and he started raising technical arguments.
People who are similarly circumstanced will say he went there, he had this baggage and it didn’t count against him. At the end of the day, the courts will be brought into disrepute.
About five to ten years from now, you end up with completely worthless judges in terms of their integrity, and their knowledge of the law.
</blockquote>
Another lawyer, who declined to be named for professional reasons, told ZimLive that most of those appointed had failed the public interviews and had been “clearly appointed on other considerations.” Said the lawyer:
<blockquote>
A judge must be a gentleman or lady who knows the law. Now it turns out, from these appointments, that if you’re a gentleman or lady and you know the law, you don’t satisfy the conditions to be a judge. You need to be a riffraff and ignorant of the law.
The appointment of these judges, seven or eight of them who failed interviews, is the beginning of our descent into the abyss.
Can you imagine the judiciary we are going to have a few years from now? Serious people should do something about it.
</blockquote>
The judges will be sworn in on Monday by Chief Justice Luke Malaba.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Outcry Over The Quality Of New High Court Judges

President Emmerson Mnangagwa has appointed 10 High Court judges and one for the Administrative Court.
The new judges were recommended by the Judicial Service Commission following the public interviews of 39 candidates conducted by the Commission last month.
The JSC secretary, Walter Chikwana confirmed the appointment of the judges to <a href="https://www.herald.co.zw/president-appoints-10-high-court-judges-one-for-admin-court/">The Herald</a>, saying the swearing-in ceremony of the 11 will be held next week.
The 10 new members of the High Court bench are Mrs Faith Mushure, Mr Ngoni Nduna, Mr Regis Demure, Ms Philipa Phillips, Mr Gibson Mandaza, Mr Joel Mambara, Mr Naison Chivhayo, Mrs Vvian Ndlovu, Mr Sijabuliso Siziba and Mr Mpokiseng Dube.
Mr Maxwell Kaitano is now the new Administrative Court Judge.
High Court Judge Justice Garainesu Mawadze has been appointed as the Deputy Judge President. Justice Mary Dube is the Judge President.
The judges will be sworn in on Monday by Chief Justice Luke Malaba.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mnangagwa Appoints 10 High Court Judges, Deputy Judge President

Access Finance board chairman, Isau Bwerinofa, argues that the High Court does not have the authority to handle <a href="https://www.pindula.co.zw/2023/09/23/harare-business-partners-approach-courts-over-us3-9-million-residential-properties-dispute/">a US$320,000 property case</a> brought by former director Senziwani Sikhosana. 
Singathini Raymond Chigogwana, Bwerinofa and Sikhosana were business partners running multiple companies, including Access Forex (Pvt) Ltd, Access Finance (Pvt) Ltd, Tara Capital (Pvt) Ltd, Thirty-Six Mountbatten (Pvt) Ltd, and Access Forex SA (Pty) Ltd. However, a dispute arose in 2022 regarding shareholding, leading to a court case. As a result of the ongoing battle over equity and properties, the business is now on the verge of collapsing.
The battle over equity and properties has caused turmoil in their businesses, with both shareholders leaving in separate deals. Chigogwana owned 54% shareholding, Sikhosana 20% and their chairman Isau Bwerinofa 26%. Both Sikhosana and Chigogwana have exited the business in separate deals.
Sikhosana seeks the transfer of three townhouse properties valued at US$320,000 as part of a settlement, either in real estate or cash, and requests the payment of associated taxes and costs. He also claims that Chigogwana, the former CEO, has breached the agreement and demands a resolution.
Bwerinofa, representing himself and other entities, challenges the court’s jurisdiction, citing a clause in the Share Purchase Agreement that mandates arbitration for disputes. He argues that the agreement has not been fully implemented and questions Sikhosana’s claim without arbitration. <a href="https://www.newsday.co.zw/local-news/article/200017914/businessmens-legal-battle-takes-new-twist">NewsDay</a> reported citing court papers:
<blockquote>
…. it must be noted that the First Applicant (Sikhosana), First Respondent (Chigogwana), Second Respondent (Bwerinofa), and other respondents are not counterparties to the sale agreements it is claimed are the subject of the sale agreements of the housing units. It is clear therefore that the dispute between the parties is the implementation of the SPA and all agreements that must be read together with the SPA.
</blockquote>
Bwerinofa argued that Sikhosana had no authority to take legal action against the named firms. He stated that the resolution proceedings of Ferden Investments, Rock Drill Mining, and Seanmart Investments, which Sikhosana relied upon, did not authorize court proceedings against the respondents.
Bwerinofa further claimed that while Sikhosana was in South Africa and they were incarcerated, Sikhosana withdrew over US$60,000 without disclosing it. When questioned about the reason for the withdrawal, Sikhosana allegedly stated that he wanted to use the money to secure his freedom in Zimbabwe. Chigogwana, the former CEO, supported and agreed with the opposing affidavit presented by Bwerinofa.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Access Finance Board Chair Disputes High Court's Authority In US$3.9 Million Property Dispute

In a recent ruling by the High Court in Masvingo, it was determined that a married spouse without title deeds does not have the authority to evict their spouse’s lover from the matrimonial home.
Justices Garainesu Mawadze and Sunsley Zisengwe granted the appeal, with Justice Zisengwe delivering the judgment. He stated that a spouse without legal ownership can only seek damages and lacks the legal standing to evict their spouse’s lover. Justice Zisengwe expressed dissatisfaction with the current law, as it undermines women’s rights and contradicts the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), which Zimbabwe has ratified. Zisengwe said:
<blockquote>
I find the proposition that a husband is at liberty to bring live-in girlfriends into the matrimonial home with impunity is inimical to the principle of equality between the sexes and appears to be providing a right carte-blanche to men to bring into the matrimonial home live-in mistresses.
Not only does that offend the express provisions of the Constitution as aforesaid, but also runs contrary to the ideal spouse in the CEDAW which Zimbabwe has ratified. A married woman should not be placed in the invidious and inequitable position where she is compelled to choose between continuing with the marriage and endure this kind of severe emotional abuse or simply get a divorce.
Alongside a claim for adultery damages against a paramour and an action for divorce against the husband, a married woman should also have recourse by way of eviction against a woman who literally hops into the matrimonial bed with her husband. Regrettably respondent’s claim for an order interdicting the 1st appellant from continuing with her adulterous relationship with the 2nd appellant somehow fell by the wayside and ultimately was not an issue for determination in this appeal.
</blockquote>
He emphasized that women in monogamous marriages should have the right to initiate eviction proceedings against their spouse’s lovers to protect the sanctity of their marriages.
<h3>Some context:</h3>
In 2021, Jane Musindo (42) was granted an appeal after being evicted from the Kereke homestead by Mbuya Leocadia Kereke nee Muroiwa (74). Leocadia and her boyfriend, Sekuru Augustine Tongai Kereke (83), were the appellants in the appeal. Sekuru Kereke claimed that Musindo is his second wife and cares for him more than his wife of 56 years. The ruling confirmed their open adulterous relationship, with Justice Zisengwe referring to Leocadia as Sekuru Kereke’s mistress. The High Court ruled that Mbuya Kereke does not own the homestead, so she lacks the legal authority to evict Leocadia, despite their marriage under the Marriage Act [Chapter 5:11] in 1966. Mbuya Kereke can only seek damages.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

High Court Rules That A Married Spouse Without Title Deeds Can't Evict Their Spouse's Lover

HIGH Court judge Justice Emilia Muchawa was on Tuesday forced to seek refuge at fellow judge Justice Energy Bhunu’s residence in Harare after a motorist identified as Nation Musekiwa fired a pellet shot towards her car.
A police statement seen by Pindula News says Musekiwa allegedly mistook her for a robber.
The Zimbabwe Republic Police (ZRP) says the incident occurred as the judge and Musekiwa were both driving along the same road in Good Hope. Reads the police report:
<blockquote>
The ZRP confirms a shooting incident involving Justice Emilia Muchawa and a local resident, Nation Musekiwa (36), who were following each other while driving home on 31/01/23 in Good Hope, Harare.
Nation Musekiwa fired a shot in the air resulting in Justice Emilia Muchawa driving to Justice Energy Bhunu’s residence to seek assistance. Nation Musekiwa was interviewed by the police and he claims that he was once attacked by armed robbers.
This time he allegedly thought that he was being followed by robbers resulting in him firing once in the air. The police has recovered the pellet gun used in the shooting incident.
</blockquote>
Police added that more details will be released in due course.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Motorist Shoots At High Court Judge's Car

The Zimbabwe Electoral Commission (ZEC) has announced the suspension of by-elections for wards 6, 8, 10, 15, and 23 of Binga Rural District Council scheduled for Saturday 03 December 2022.
In a statement on Friday, 02 December, ZEC chief elections officer Utloile Silaigwana said the High Court ordered the suspension of the by-elections after the nominations of five of the candidates were challenged in court. Reads the statement:
<blockquote>
The Zimbabwe Electoral Commission would like to inform members of the public that the High Court has ordered the suspension of by-elections for wards 6, 8, 10, 15, and 23 of Binga Rural District Council scheduled for Saturday 03 December 2022.
This follows urgent chamber applications by Collen Mudenda who challenged the nominations of John Simunene Sikabotu, Kingson Mpofu, Mathias Mudenda, Joseph Mwembe, and Wilson Siampolomba on the grounds that they were disqualified from contesting as candidates in terms of Section 119(2) (h) of the Electoral Act.
The Section states that a person shall be disqualified from being nominated as a candidate on the nomination day or the day of an election when he or she is in default with the payment of any levy, rate, charge, or tax due and payable to the council concerned for more than 120 days.
The High Court ordered that the Commission should not proceed with the by-elections for the five wards pending the hearing of the cases which was postponed to 4 January 2023.
However, despite this High Court order, by-elections for ward 20 of Binga Rural District Council, wards 4, 5, and 18 of Gweru Municipality, and ward 28 of Mberengwa Rural District Council will go ahead tomorrow 3 December 2022 as scheduled.
</blockquote>

ZEC Announces Suspension Of Some Binga RDC By-elections

The High Court has barred the Zimbabwe Electoral Commission (ZEC) from holding by-elections in five wards under Binga Rural District Council that were scheduled for 03 December 2022.
The by-elections have been suspended due to objections filed against the nomination of CCC candidates who are alleged to owe the local authority debts of over 120 days.
High Court judge Justice Tawanda Chitapi on Friday, 02 December, granted an application by Collen Mudenda who was seeking the court to bar Mathias Mudenda, who was cited as the first respondent, and ZEC, which was cited as the second respondent, from going ahead with the elections. Ruled Justice Chitapi:
<blockquote>
The elections set for 3 December 2022 for the election of Councillors for Wards 6, 8, 10, 15, and 23 of Binga Rural District Council be and are hereby suspended.
</blockquote>
Meanwhile, ZEC said all other by-elections scheduled for 3 December will proceed.
The by-elections will be held in Binga Ward 20 and in Gweru in wards 4, 5, and 18.

High Court Suspends Five Local Government By-elections In Binga

High Court Judge Justice Siyabona Musithu has acquitted freelance journalist and filmmaker Hopewell Chin’ono on charges of incitement to commit public violence.
Chin’ono was arrested in July 2020 on charges of incitement to commit public violence through posting tweets denouncing looting and corruption by well-connected political elites and their cronies.
According to the Zimbabwe Lawyers for Human Rights, Justice Musithu ruled that the charges lack essential elements and particulars as may be reasonably sufficient to inform Chin’ono of the nature of the charges he faces.
The judge said the contradiction in the charge sheet and State outline left Chin’ono unsure about the offence which he is alleged to have committed.
Justice Musithu concluded that the State was on a fishing expedition when it arrested and prosecuted Chin’ono as charges preferred against him lacked the required particulars.
Posting on Twitter after his acquittal, Chin’ono paid tribute to his lawyers Beatrice Mtetwa, Douglas Coltart and Gift Mtisi. He said:
<blockquote>
I would like to thank Beatrice Mtetwa, [Doug Coltart] and Gift Mtisi for representing me successfully and being there for me.
I would also want to thank the Zimbabwe Lawyers for Human Rights], their director [Roselyn Hanzi] and everyone who stood with me during my political persecution.
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

High Court Acquits Hopewell Chin'ono

The High Court has nullified Harare Provincial Development Coordinator, Tafadzwa Muguti’s decision to ban some non Governmental Organisations (NGOs) after they failed to submit their work plans as he had directed them to do.
In an urgent chamber application filed on 3 August, Zimbabwe Human Rights NGO Forum and Crisis in Zimbabwe Coalition Trust, a mother body of NGOs said the directive was unconstitutional.
Muguti, Minister of State for Provincial Affairs and Devolution Harare Metropolitan Province, Local government minister, Home affairs minister, Public Service minister were all cited as respondents.
In its ruling handed down this Friday, the High Court said the applicants had made out a prima facie case establishing that their constitutional rights had been violated by Muguti’s directive. The ruling read in part:
<blockquote>
As already discussed above, the Act has not yet been amended to incorporate the first respondent’s position. Until such a time that is done, the first respondent cannot issue directives to NGOs and purport to police them.
In view of the foregoing, I find merit in the applicants’ application for an interdict pending the return day. They have made out a prima facie case establishing the constitutional rights that are likely to be infringed which NGOs have an inherent interest in.
There is a reasonable apprehension of harm in that the operations of NGOs will be disrupted or stopped as per the press statement of the first respondent.
The balance of convenience favours the granting of the interdict. No prejudice will be suffered by the respondents if the interdict is granted pending the return day.
On the other hand, the applicants and NGOs stand to suffer irreparable harm if the interdict is not granted as operations may be stopped at any time as threatened by the first respondent.
</blockquote>
The High Court ordered Muguti to refrain “from enforcing: interfering with, suspending or stopping operations of Non-Governmental Organizations, Trusts, Civil Society Organizations and Faith-Based Organizations…”
<h4>More: <a href="https://zero.pindula.co.zw/">Pindula News</a></h4>

High Court Blocks Tafadzwa Muguti From Banning NGOs

The Judicial Service Commission (JSC) says public interviews of candidates nominated to fill nine vacant positions of judges of the High Court will be conducted next week.
In a statement, the JSC said the interviews would be held from 30 August to 1 September at a city hotel and will be streamed live. The JSC said:
<blockquote>
As previously advised and in the interests of public health, the Judicial Service Commission discourages members of the public from physically attending at the venue of the interviews.
To ensure compliance with the requirement to hold the interviews in public the proceedings will be streamed live on Judicial Service Commission media platforms (Twitter and Facebook).
</blockquote>
The Judicial Service Commission has engaged the national broadcaster, the Zimbabwe Broadcasting Corporation, to have the interview proceedings beamed live.
Thirty-five candidates, among them regional magistrates and lawyers, will be interviewed to fill the nine vacant positions of judges of the High Court bench.
In terms of the law, the JSC conducts public interviews for the prospective judges after the nominations and then sends a list of recommended interviewees to the President who may assent to the names or ask the JSC to submit a fresh set of names.
Under the Constitution, a person is qualified for appointment as a judge of the High Court if he or she is at least 40 years old.
The person should also have, for at least 10 years, been qualified to practice as a legal practitioner in Zimbabwe or any country with the same common law as in Zimbabwe, or in a country in which the common law is Roman-Dutch or English.
<h4>More: <a href="https://www.herald.co.zw/judges-interviews-to-be-held-next-week/">The Herald</a></h4>

High Court Judges' Interviews To Be Held Next Week

Defiant former Chief Justice Luke Malaba has been coming to work since a government appeal against a High Court order that nullified the extension of his term of office.
An anonymous source told ZimLive that Malaba spent most of the day on Monday in what is supposed to be his former office at the Constitutional Court building in central Harare, surprising fellow judges and lawyers. Said a legal source:
<blockquote>_He was not there to pick up some items he left, he was working._</blockquote>
A member of the team of lawyers that secured the High Court victory said defiant Malaba is in contempt of court by turning up for work. Another lawyer said:
<blockquote>_He’s clearly trying to intimidate judges who could soon be seized with his matter._</blockquote>
Legal insiders say most of Malaba’s colleagues are opposed to attempts to prolong the former Chief Justice’s term of office. Said another source:
<blockquote>_It’s so serious that some High Court judges have threatened to resign should he somehow stay on._</blockquote>
This is happening barely a week after three High Court judges ruled that President Emmerson Mnangagwa’s attempts to extend Malaba’s term by five more years was null and void.
The Judicial Service Commission (JSC), which employs all judges, then named Deputy Chief Justice Elizabeth Gwaunza as the Acting Chief Justice.
The JSC and Justice Minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi">Ziyambi Ziyambi,</a> however, filed an appeal at the Supreme Court seeking a reversal of the judgment.
While lawyers say the appeal does not suspend the High Court ruling which would allow Malaba to return to work, JSC secretary Walter Chikwana has a different view. He said:
<blockquote>_The Chief Justice has always been at work since the day the government noted an appeal in the Supreme Court against the order of the High Court. The suspension of the order is by operation of the law._</blockquote>
Mnangagwa appears determined to repay a favour to Malaba, who threw out a Constitutional Court challenge to the 78-year-old’s narrow election victory in August 2018.

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More: <a href="https://news.pindula.co.zw/">Pindula News</a>

Defiant Luke Malaba Turns Up For Work

Marry Chiwenga whose application to have <a href="https://news.pindula.co.zw/2020/12/29/marry-chiwenga-application-to-seek-medical-treatment-in-sa-dismissed/">her bail conditions relaxed so that she can go to South Africa</a> to seek medical treatment was dismissed by the High Court is appealing the High Court’s decision at the Supreme Court, The Herald reports.
Marry who is suffering from an ailment that causes swelling of hands and legs filed an application at the Supreme Court on Wednesday against Justice Chikowero dismissing her appeal last year on the basis that there were some grey areas on her application and she failed to prove that her condition was dire and she needed to cross the Limpopo to get medical attention.
However, her lawyers are still contending that she should travel to South Africa to be treated according to the publication:
<blockquote>In her appeal, through her lawyers, Mtetwa and Nyambirai, Mubaiwa insists that the variation of her bail conditions should be allowed, arguing that she is in constant pain, has grossly swollen feet, hands and large open wounds as detailed by her local doctor.</blockquote>
More: <a href="https://www.herald.co.zw/mubaiwa-files-supreme-court-appeal/">The Herald </a>

Marry Chiwenga Appeals High Court Decision At The Supreme Court

High Court judge, Justice Chitapi has reserved judgment in the bail application of MDC Alliance Vice Chairman Job Sikhala.
This was revealed by Zimbabwe Lawyers for Human Rights which stated that judgment was reserved to Monday 1 February:
<blockquote>JUST IN: Zengeza West MP Hon. Job Sikhala will remain detained at Chikurubi Maximum Prison after Justice Chitapi reserved handing down of his ruling to Monday 1 February.
Hon. Sikhala, represented by <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/bamujm" role="link">@bamujm </a><a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/PaidaSaurombe" role="link">@PaidaSauromb </a>&amp; Harrison Nkomo of <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/ZLHRLawyers" role="link">@ZLHRLawyers </a>has been in police &amp; prison custody since 9 January when he was arrested &amp; charged with communicating or publishing falsehoods.</blockquote>
Sikhala who has been arrested more than 60 times was arrested alongside Hopewell Chin’ono and Fadzai Mahere after they made comments on the viral story of a ZRP officer reportedly beating a child strapped on its mother’s back to death.
Source: <a href="https://twitter.com/ZLHRLawyers">ZLHR</a>

Judge Reserves Judgement In Job Sikhala's Bail Application

The High Court has freed a mentally ill man who has been in jail since 2009 after he had killed his lover and went around selling her body parts.
Judge Justice Joseph Musakwa cleared Elias Kurapxi after considering that he was insane when he committed the 
offence. The judge said:
<blockquote>It is ordered that the accused person is not guilty by reason of insanity. The accused is ordered to be committed at Chikurubi Psychiatric Unit.</blockquote>
It is alleged that Kurapxi who resided at Botas Farm in Chinhoyi asked his lover to accompany him to Chisaki Farm where he killed her using a pocket knife.
Kurapxi is said to have hen cut some body parts including her reproductive organ and inner part of the left knee which he went around selling at the farm, leading to his arrest.
When he was arrested, he was found with the deceased woman’s private parts and an autopsy conducted on the remains concluded that death was due to beheading.
Kurapxi was referred to Chikurubi Psychiatric Unit where he has been detained since 2009 and on September 19, 2017 (Dr) Patrick Mhaka compiled an affidavit and concluded that at the time the offence was committed he was mentally unstable.
More: <a href="https://dailynews.co.zw/lover-killer-insane-high-court-rules/" rel="noopener noreferrer" target="_blank">Daily News</a>

Court Frees Insane Lover Killer 11 Years Later

<a href="https://www.pindula.co.zw/High_Court_of_Zimbabwe">High Court</a> Judge Justice Evangelista Kabasa has stopped the eviction of a Plumtree widow from her home in Mpoyi village in Plumtree after she reportedly neglected her child who later died at her home, Zim Morning Post reports.
According to the publication, the widow Manesi Ncube is being accused by some community members of abandoning her sick child at her home to die and Headmen Madlambuzi known as Fidzani Ndlovu and Witness Ncube, the Councillor for Ward 12 are chasing her away from the village because of her alleged offense.
Ncube was ordered to leave after a traditional court was held and at the court, it emerged that Ncube left her adult daughter to go fend for herself and her minor children in Botswana when the daughter in question was returned home by her husband when she was seriously ill.
While Ncube was in Botswana the adult married daughter passed away and when she came back to bury her she discovered she had been buried and the community had decided to condemn her for being irresponsible.
The verdict at the traditional court was that Ncube was irresponsible and the community didn’t want her in their society and on 20 August they told her to leave the village by the 31st of August.
The councilor and the villagers reportedly destroyed Ncube’s property in a bid to compel her to leave. Ncube approached <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights">Zimbabwe Lawyers for Human Rights</a> (ZLHR) who approached the High Court which in turn stopped the villagers from banishing Ncube from her homestead and destroying her property.
More: <a href="https://zimmorningpost.com/high-court-stops-eviction-of-plumtree-widow/">ZimMorning Post </a>

High Court Stops A Councilor And A Headmen From Chasing Away A Widow From Her Home

The High Court has ruled that private schools, unlike Government schools, can expel pupils for non-payment of fees and no one has a constitutional right to attend any private school.
An Advanced Level student at St Georges College and his father, had sued the school after the learning institution rejected the learner’s exam fees because of unpaid school fees.
Justice Phildah Muzofa threw out the application by Elvis Makomborero Chikiwa and his father Elvis Caleb Chikiwa saying it could not interfere with the school’s decision after his parents breached their contractual obligations.
The duo had sued the private college arguing that its conduct was in violation of their right to education and the Education Act. Justice Muzofa ruled:
<blockquote>What the second applicant (the boy’s father) wants is for this court to turn a blind eye to his conduct and come to his aid.
It is trite that a court cannot assist one who breached his contractual obligations.
… If the second applicant desired so much to remain part of the respondent’s school, he should have complied with the terms of an agreement between parties.</blockquote>
Justice Muzofa stated that by declining to accept the examination fees the college had technically expelled the boy.
Chikiwa was was due to write his Advanced Level Cambridge International Examinations in November this year.
<h4>More: <a href="https://www.herald.co.zw/learner-loses-school-fees-lawsuit/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

High Court Rules That Schools Can Expel Pupils For Non-payment Of School Fees

High Court judge Justice Tawanda Chitapi on Wednesday released free freelance journalist Hopewell Chin’ono from prison after granting him RTGS$10 000 bail.
Justice Chitapi ordered Chin’ono to report to the Zimbabwe Republic Police (ZRP) twice a week and not to post messages on social media until the finalisation of his matter.
Chon’ono was arrested on 20 July 2020 and charged with inciting public violence after he used social media to support anti-corruption protests that were being organised by Transform Zimbabwe leader Jacob Ngarivhume for 31 July.
Earlier on Wednesday, Justice Musithu released Ngarivhume by granting him $50 000 bail. The High Court ordered the opposition leader to continue reside at the given address, surrender his passport and report 3 times a week at Waterfalls Police Station.
Ngarivhume should report on Monday, Wednesday and Friday’ at the stated police station, the High Court said.
Chin’ono and Ngarivhume are facing similar charges and are both are denying the charges.
Following the release of the duo, the Zimbabwe Lawyers for Human Rights (ZLHR) thanked its lawyers for working hard to secure Chin’ono and Ngarivhume’s freedom. ZLHR said in a tweet:
<blockquote>A BIG thank you to our tireless team of lawyers who dedicated their energies for more than 1 month in &amp; out of court to secure freedom for Hopewell &amp; Jacob. The #Taskisnotended as we seek to foster a culture of human rights in Zimbabwe. Siyabonga. Tatenda. Thank You.</blockquote>

Hopewell Chin'ono Freed On $10 000 Bail

High Court judge Justice Tawanda Chitapi on 28 August 2020 reserved ruling in the bail appeal by journalist Hopewell Chin’ono to Wednesday, 2 September 2020 after hearing arguments by the state and the defence teams.
The defence team, led by Advocate Taona Nyamakura assisted by Gift Mtisi, argued that Harare magistrate, Ngoni Nduna, had erred by denying Chin’ono bail following his appeal on the basis of changed circumstances.
Magistrate Nduna on 24 August 2020 denied the journalist bail for the second time following Chin’ono’s application at the Magistrates Court in Harare on the basis of changed circumstances.
Chin’ono, in custody since his arrest on 20 July 2020, is facing allegations of incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry or alternatively incitement to commit public violence, allegedly linked to the demonstrations that had been planned for 31 July 2020.
<h4>More: <a href="https://zimbabwe.misa.org/2020/08/28/judge-reserves-ruling-in-appeal-for-bail-by-journalist-chinono/" rel="noopener noreferrer" target="_blank">MISA Zimbabwe</a></h4>

High Court Reserves Ruling In Appeal For Bail By Chin'ono

Justice Tawanda Chitapi of the Harare High Court has postponed to Thursday, 6 August 2020, his ruling on bail applications by journalist Hopewell Chin’ono and Transform Zimbabwe leader Jacob Ngarivhume on Monday.
This means that Chin’ono and Ngarivhume’s two-week detention has been extended by another three days.
Chin’ono and Ngarivhume’s hearings were due to be heard by the High Court last Thursday but were postponed to today.
Both men were arrested a fortnight ago on allegations of inciting public violence after they reportedly used social media to support calls for anti-corruption protests on 31 July.
Chin’ono has been working tirelessly over the past few months to expose corrupt government officials, with the major story being the Draxgate Affair in which the Ministry of Health purchased medical sundries from a controversial company at highly inflated prices.
Information Minister Monica Mutsvangwa recently said Chin’ono was not arrested for exposing corruption but for inciting public violence.
However, media analysts believe Chin’ono was targeted for exposing high-level graft and his arrest serves to warn other journalists not to report on corruption by the political elite.

Chin'ono, Ngarivhume Bail Hearings Postponed, Again

The High Court in Bulawayo on Saturday ordered the Officer in Charge of CID Law and Order Section in Bulawayo and the Officer Commanding Police in Bulawayo to produce within 72 hours Tawanda Muchehiwa, a citizen who was abducted on Thursday, 30 July 2020.
Nqobani Sithole filed an urgent chamber application before the High Court of Bulawayo on the 31st of July 2020 around 15:00hrs for a habeas corpus of Muchehiwa. He filed the application representing MISA Zimbabwe.
According to <a href="https://zimbabwe.misa.org/2020/08/01/media-lawyer-sithole-files-urgent-chamber-application/" rel="noopener noreferrer" target="_blank">MISA Zimbabwe</a>, Muchehiwa is nephew to ZimLive Editor Mduduzi Mathuthu whose home was ransacked by police on the same evening of the 30th of July 2020.
He was arrested by the Police in Mahatshula Suburb in Bulawayo but the police who arrested him later professed ignorance as to his whereabouts.
Muchehiwa was last seen in the custody of the police at Bulawayo Central Police Station after he was separated from Amandlenkosi Mathuthu and Advent Mathuthu whose whereabouts are now known.
High Court judge Justice Martin Makonese declared Muchehiwa’s detention is illegal and unlawful and he must be released forthwith.

High Court Orders Police To Release Abducted ZimLive Editor's Nephew Within 72 Hours

Three MDC Alliance activists’ convictions on political violence charges were overturned on Tuesday by the Bulawayo High Court.
Solani Moyo (51), who was a 2018 parliamentary candidate for MDC Alliance in one of the Plumtree constituencies, Madodana Mtimeni (41) and Innocent Ncube (37) were convicted by the now late Plumtree magistrate Sharon Roseman after they clashed with Zanu PF activists during a campaign roadshow.
Roseman ordered them to pay $500 fine with an option of 90 days in jail.
The trio then filed an appeal at the Bulawayo High Court challenging their conviction through their lawyer Prince Butshe Dube.
On Tuesday, Justice Martin Makonese sitting with Justice Evangelista Kabasa granted their appeal and set aside the conviction. In his ruling Justice Makonese said:
<blockquote>This court finds that the conviction was wrong. What is in this court is evidence on one political party. The accused were doing a lawful activity — a roadshow as sanctioned, while the other political party was doing an unlawful activity without the authority of the regulatory authority.
Therefore, the appeal is granted and the conviction is set aside.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2020/07/high-court-quashes-mdc-alliance-activists-conviction/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

MDC Alliance Activists' Conviction Overturned By High Court

Over eight teachers’ unions on Friday filed an urgent High Court application seeking to compel the Government to postpone the sitting of June examinations until the safety of educators and learners has been guaranteed amid the coronavirus outbreak.
The teachers’ unions want the court to compel the State to fumigate all examination centres and meet WHO prescribed standards, provide facilities and personnel for thermal testing of teachers and learners and further support adequate sanitation like water, and take all necessary measures to reduce class sizes.
The applicants in the urgent chamber application are the Amalgamated Rural Teachers Union (ARTUZ), Progressive Teachers Union of Zimbabwe (PTU), Teachers Union of Zimbabwe (TUZ), Zimbabwe Democratic Teachers Union (ZDTU), Zimbabwe National Education Union (ZINEU), Zimbabwe Teachers Association, (ZIMTA) and Zimbabwe National Teacher Union (ZINATU).
The unions listed the Zimbabwe Examinations Council (ZIMSEC), Minister of Primary and Secondary Education, the Civil Service Commission, Minister of Public Service, Labour and Social Welfare and Minister of Health and Child Care as respondents.
ZIMTA chief executive Sifiso Ndlovu confirmed the development, saying the government should not threaten school heads and should also avail a COVID-19 risk allowance for teachers since they would be assuming the role of frontline workers.
The respondents are yet to respond to the application.
<h4>More: <a href="https://www.herald.co.zw/teachers-unions-want-june-exams-deferred/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

Teachers Approach High Court Over ZIMSEC June Exams

A Harare Magistrate Mrs Vongai Muchuchuti Guwuriro convicted High Court Judge Justice Joseph Mafusire’s son Tendai Mafusire of theft and sentenced him to 12 months in prison, The Herald reports.
35-year-old Tendai pleaded guilt to the charges of theft and he pleaded for leniency as he said he stole his mother’s clothes and personal items valued at $2448 to buy drugs.
6 months of his sentence were suspended on condition of good behaviour and another 6 months on condition he makes restitution.
It is the state’s case that Tendai who resides at  25 Bieby Road, Glen Forest Borrowdale:
<blockquote>Forced open the main door to his mother’s house and stole various goods and clothes valued at US$2 448. The police were informed that Tendai was selling the loot in Hatcliffe,
Armed with the information, police arrested Tendai and upon interviewing him they recovered goods worth US$1 638.</blockquote>
The prosecutor also said Tendai was biting the hand that feeds him and his parents had tried to reprimand him but failed.
More: <a href="https://www.herald.co.zw/judges-son-jailed-12-months/">The Herald </a>

Judge's Son Convicted And Sentenced For Stealing His Mother's Belongings To Buy Drugs

The High Court has ruled that the Nelson Chamisa-led MDC Alliance is a political entity with the capacity to sue and be sued.
Justice Munangati Manongwa last week granted an interim order requested by Chamisa to stop the disbursement of $7,5 million under the Political Parties Finance Act to the Thokozani Khupe-led MDC-T.
The ruling came after the MDC Alliance sought an interdict barring the government from releasing the funds under the Political Parties Finance Act to the Khupe faction.
The MDC Alliance cited the Ministry of Finance, the Ministry of Justice, Legal and Parliamentary Affairs, and Parliament of Zimbabwe as respondents.
The judgment acknowledged the MDC Alliance as a political party. The ruling read in part:
<blockquote>The applicant herein is a political party with the capacity to sue and be sued. The applicant has approached the court on an urgent basis seeking the following relief…</blockquote>
Justice Munangati Manongwa further stated that there was evidence that the government intended to give the money to another party which was not the MDC Alliance. She said:
<blockquote>There is evidence of publications to the effect that there is a likelihood of the applicant’s entitlement being paid to a different entity other than the applicant.</blockquote>
Speaking to NewsDay, MDC Alliance deputy secretary-general Jameson Timba said:
<blockquote>The judgment acknowledged that president Chamisa was elected as president of the MDC Alliance in Gweru last year. It also acknowledged that he contested elections as a candidate of MDC Alliance.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2020/05/mdc-alliance-a-party-court/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

High Court Confirms MDC Alliance Is A Political Party

Zimbabwe National Students Union ZINASU has challenged the government’s decision to introduce e-learning to university students who are not in their final year by filing an urgent chamber application at the High court after students at Midlands State University (MSU) complained that virtual learning was not feasible, The Herald reports.
ZINASU is represented by Harare lawyer Mr Denford Halimani of Wintertons Legal Practitioners and cited MSU and Higher and Tertiary Education Minister Amon Murwira as first and second respondents
Part of the court papers submitted on behalf of ZINASU reads:
<blockquote>This is because many students come from rural areas where there is poor or no cellular coverage or network to enable them to access e-learning. Many students also come from underprivileged backgrounds and are unable to afford the increased cost of data to enable them to access e-learning material.
Many of the students reside in areas where there is no electricity supply at all to enable them to charge their cellphones and laptops (for those with such gadgets).
This is grossly unfair to the affected students and clearly the students right to education has been violated and continues to be violated as long as this is not stopped,</blockquote>
Alternatively, ZINASU has proposed that should the court uphold e-learning, MSU must open the e-learning platforms to its students irrespective of payment of fees.

Zimbabwe National Students Union Challenge E-Learning

In a case against by a private company against CABS, RBZ and the Finance Ministry, in which the company was contesting the constitutionality of an October 2018 currency directive by the RBZ, the High Court has declared the direct unconstitutional and valid.
The company, The Stone Beattie Studio, was represented by lawyer Tendai Biti.
In October 2018 <a href="https://news.pindula.co.zw/2018/10/01/banks-given-two-weeks-to-separate-nostro-foreign-currency-accounts-and-rtgs-deposits/">the RBZ issued a directive ordering banks</a> to separate Nostro foreign currency accounts (FCAs) from the real-time gross settlement (RTGS) deposits. This effectively de-dollarised by creating a separate account for a currency that was not USD – bond notes. The government insisted however that 1 USD was equivalent to 1 RTGS account dollar and that it had not, in fact, introduced a local currency.
A copy of that <a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/Exchange-Control-Directive-RT120-of-October-2018.pdf">October 2018 RBZ Directive can be viewed here</a>.
That directive was the basis of the application by The Stone.
Here’s part of the judgment below:
<blockquote>PENELOPE DOUGLAS STONE 
and 
RICHARD HAROLD STUART BEATTIE Trading as THE STONE/BEATTIE STUDIO
versus 
CENTRAL AFRICAN BUILDING SOCIETY 
and 
RESERVE BANK OF ZIMBABWE 
and 
MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT
HIGH COURT OF ZIMBABWE 
ZHOU J 
HARARE, 7 May 2019 &amp; 14 May 2020
Opposed Application 
T. Biti for the applicant 
G. M. Nyangwa for the first respondent 
L. Uriri for the second respondent 
Ms P. Macheka for the third respondent
ZHOU J: This is an application for an order that the first respondent pays a sum of US$142 000.00 together with interest thereon at the rate of five percent per annum from 28 November 2016 to the date of payment within seven days from the date of this order. In the alternative, the applicant asks that the first and second respondents be ordered to pay the said sum of money jointly and severally the one paying the other to be absolved. The further alternative relief is for the Exchange Control Directive No. R120/2018 to be declared a nullity or, in the further alternative, that s 44B(3) and (4) of the Reserve Bank of Zimbabwe Act [Chapter 22:15] be declared unconstitutional. Costs of suit are in the main sought against the first respondent and, in the alternative, against all the respondents jointly and severally the one paying the others to be absolved. The application is opposed by all the respondents.
……
Costs
The applicants have succeeded in obtaining the relief which they sought before this court. There are no special reason warranting departure from the usual conclusion that costs should follow the result. The applicants are therefore entitled to recover their costs of suit.
Disposition
In the result, IT IS ORDERED THAT:
1. Exchange Control Directive No. R120/2018 issued by the first respondent through its Governor on 4 October 2018 be and is hereby declared to be invalid, and is accordingly set aside.
2. The first respondent shall pay to the applicant the sum of US$142 000.00 in the currency of the United States of America or transfer that amount into a Nostro Foreign Currency Account as may be directed by the applicants within seven days from the date of this order together with interest thereon at the prescribed rate of 5 percent per annum from the 17th October 2018, being the date of the letter of demand, to the date of full payment or transfer into the Nostro Foreign Currency Account as directed herein.
3. The respondents shall pay the costs jointly and severally the one paying the others to be absolved.
Tendai Biti Law, applicants’ legal practitioners 
Mawere Sibanda, first respondent’s legal practitioners 
GN Mlotshwa &amp; Company, second respondent’s legal practitioners 
Civil Division of the Attorney-General’s Office, third respondent’s legal practitioners</blockquote>
<a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1.jpg"><img alt="" class="aligncenter size-large wp-image-164085" decoding="async" height="883" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1-742x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1-742x1024.jpg 742w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1-217x300.jpg 217w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1-768x1060.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1-1112x1536.jpg 1112w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page1.jpg 1242w" width="640"/></a> <a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17.jpg"><img alt="" class="aligncenter size-large wp-image-164086" decoding="async" height="842" loading="lazy" sizes="(max-width: 640px) 100vw, 640px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17-778x1024.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17-778x1024.jpg 778w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17-228x300.jpg 228w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17-768x1011.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17-1167x1536.jpg 1167w, https://news.pindula.co.zw/wp-content/uploads/2020/05/High-Court-Judgment-Against-RBZ-May-2020-page17.jpg 1242w" width="640"/></a>
<blockquote> </blockquote>

Judgment: High Court Declares RBZ October 2018 Currency Directive Unconstitutional And Invalid

The High court has provisionally ordered Justice Minister Ziyambi Ziyambi to pay the MDC Alliance led by Chamisa funds from the Political Party Finance Act within 7 days
Ziyambi has previously said partly will release the money to the Khupe led camp after the Supreme court judgement that declared Nelson Chamisa an illegitimate MDC leader.
<img alt="" class="alignnone wp-image-162530" decoding="async" height="789" loading="lazy" sizes="(max-width: 550px) 100vw, 550px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/EXe-XGYXgAA_Aol-209x300.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGYXgAA_Aol-209x300.jpg 209w, https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGYXgAA_Aol-714x1024.jpg 714w, https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGYXgAA_Aol-768x1101.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGYXgAA_Aol.jpg 866w" width="550"/><img alt="" class="alignnone wp-image-162529" decoding="async" height="782" loading="lazy" sizes="(max-width: 550px) 100vw, 550px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/05/EXe-XGXXsAAPdXs-211x300.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGXXsAAPdXs-211x300.jpg 211w, https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGXXsAAPdXs-721x1024.jpg 721w, https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGXXsAAPdXs-768x1090.jpg 768w, https://news.pindula.co.zw/wp-content/uploads/2020/05/EXe-XGXXsAAPdXs.jpg 875w" width="550"/>

JUST IN: High Court Provisionally Orders Ziyambi To Pay The Funds Entitled To The MDC Alliance Within 7 Days

Councils will continue demolishing illegal structures across towns and cities after they were given the green light to do so by the government, The Herald reports. This was after <a href="https://zero.pindula.co.zw/residents-informal-traders-file-an-application-to-stop-the-local-and-central-government-from-demolishing-vending-stalls/">residents and some informal traders unions approached the court</a> in a bid to stop the local government from demolishing illegal structures.
A circular seen by the publication addressed to all councils and town clerks read in part:
<blockquote>The court in its final determination ordered that the Circular Minute Number 3 of 2020 is legal and the clean-ups and renovations of Small and Medium Enterprises and informal traders’ workspaces by local authorities should proceed</blockquote>
However, residents that took the local government to court raised a red flag against the circular and said:
<blockquote>The circular is misleading. The court order never said the circular was lawful. The lawfulness of the circular has not yet been decided. We got a consent order stopping the demolitions as they are un-procedural so as residents we stick to that</blockquote>
Councils were directed by the local government to take advantage of the lockdown and <a href="https://zero.pindula.co.zw/harare-city-council-demolish-roadside-vending-stalls-during-the-lockdown/">destroy all roadside vending stalls and illegal structures. </a>
More: <a href="https://www.herald.co.zw/demolition-of-illegal-structures-to-continue/">The Herald </a>

Councils To Continue Demolishing Illegal Structures Countrywide

High Court of Zimbabwe on Tuesday ordered the Minister of Health and Child Care Obadiah Moyo to provide all health professionals working in public health institutions with adequate personal protection equipment (PPE), screen and test health workers for COVID-19.
The court also ordered the Health Minister to conduct mass screening for COVID-19 including door to door tests and other things.
Below is the order issued by the Honourable Mr Justice Musakwa and the Honourable Mr Justice Tagu:
<blockquote>IT IS ORDERED BY CONSENT THAT:
For the duration of the Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, Statutory Instrument 83 of 2020 or the extended period thereof
1. The 1st respondent [Minister of Health and Child Care] shall ensure that adequate measures are put in place to prevent, contain and treat the incidence of COVID-19, and in particular ensure, within the limit of resources, that:
a. Appropriately equipped quarantine and isolation facilities are established in all provinces, district hospitals and at the designated airports and ports of entry.
b. All frontline health practitioners working at public health facilities in the country or deployed to trace contacts exposed by infected people are provided with adequate Personal Protection Equipment (PPE).
c. Sufficient testing kits are deployed at all designated public hospitals, airports and ports of entry.
d. Extensive screening and testing be carried out, including mobile or door-to-door testing in order to account for asymptomatic carriers.
e. All health practitioners and personnel at the frontline be regularly screened and tested of the COVID-19 virus.
f. All health facilities are equipped with enough supportive medication for both frontline practitioners and patients.
g. More laboratories equipped to test highly infectious diseases such as COVI-19 be established in every province to increase the turnaround time for tests to be conducted.
h. Personnel responding to the COVID-19 pandemic including drivers and their assistants, security personnel, and essential services employees are regularly screened, and tested.
i. Authorised ZUPCO buses, omnibuses and other passenger service vehicles operated by or on behalf of the Public Service Association, the Police Service, the Defence Forces and the Civil Protection Authorities, and commuter omnibuses and other passenger service vehicles operated or chartered by local authorities for the carriage of staff for essential services, the carriage of sick persons to hospitals and other health care are disinfected upon arrival and departure at each destination.
j. Frontline health practitioners are adequately trained on how to handle COVID-19 and protect themselves from the risk of contamination.
k. Clear guidelines are provided to the public on the implementation of the social distance principle, especially in crowded suburbs.
2. There shall be no order as to costs.</blockquote>

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