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GONDO & ORS v REPUBLIC OF ZIMBABWE 2010 (2) ZLR 618 (SADC)

2010 (2) ZLR p618

Citation

2010 (2) ZLR 618 (SADC)

Case No

Judgment No, SADC(T) 05/2008

Court

SADC Tribunal, Windhoek

Judge

Pillay P, Mtambo J & Mondlane J

Heard

9 December 2010

Judgment

9 December 2010

Counsel

J J Gauntlett SC, with him F B Pelser, for the applicants
No appearance for the respondent

Case Type

Civil application

Annotations

No case annotations to date

Flynote

International law - treaties - SADC Treaty - arts 4(c) and 6(1) -protection of the rule of law - right to an effective remedy -State refusing to pay judgment debts - a breach of obligation to uphold the rule of law - State Liabilities Act [Chapter 8:14] - s 5(2) -provision that state property may not be executed against in satisfaction of judgment debt - such provision discriminatory - provision also breach of right to equality before the law and right to equal protection of the law

Statutes - State Liabilities Act [Chapter 8:14] - s 5(2) -provision that state property may not be executed against in satisfaction of judgment debt - such provision discriminatory-provision also breach of right to equality before the law and right to equal protection of the law

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