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(1) BICKLE & OTHERS v MINISTER OF HOME AFFAIRS 1983 (2) ZLR 400 (H) (2) Minister of Home Affairs v Bickle & Others 1983 (2) ZLR 400 (S)

1983 (2) ZLR p400

(1) Bickle & Others v Minister of Home Affairs *

Citation

1983 (2) ZLR 400 (H)

Case No

Details not supplied

Court

High Court, Bulawayo

Judge

Korsah J

Heard

19 September 1983; 20 September 1983; 21 September 1983

Judgment

11 November 1983

Counsel

J C Kriegler S C, with him C W Jordaan, for the applicants (respondents on appeal)
L J Blom-Cooper QC, with him F C Blackie SC (and, on appeal, R Acton), for the Minister

Case Type

Details not supplied

Annotations

Link to case annotations

(2) Minister of Home Affairs v Bickle & Others *

Citation

1983 (2) ZLR 400 (H)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Georges CJ, Beck JA & Gubbay JA

Heard

17 November 1983; 18 November 1983

Judgment

28 December 1983

Counsel

J C Kriegler S C, with him C W Jordaan, for the applicants (respondents on appeal)
L J Blom-Cooper QC, with him F C Blackie SC (and, on appeal, R Acton), for the Minister

Case Type

Details not supplied

Annotations

Link to case annotations

Flynote

Statutes — construction of — Constitution of Zimbabwe 1980 — s 16(8)(b) — provision allowing for vesting or administration of property of an "enemy" — Emergency Powers (Forfeiture of Enemy Property) Regulations 1981 SI 925/81 — forfeiture of enemy property — "forfeiture" — meaning of — "enemy" — meaning of — essential that a factual state of war exist between Zimbabwe and another State — whether Regulations confiscatory in nature and therefore ultra vires Constitution — punitive nature of Regulations — severability of provisions of enactment — when provisions severable.

Practice and procedure — relief sought on ground that law contrary to Constitution — correct approach of court in such cases.

Evidence — speech by Minister in Parliament — extent to which court can rely on report of speech in Hansard — Privileges, Immunities and Powers of Parliament Act [Chapter 10] — ss 15 and 16.

1983 (2) ZLR p401

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