AFRICAN RESOURCES LTD & ORS v GWARADZIMBA NO & ORS 2011 (1) ZLR 105 (S)
Citation | 2011 (1) ZLR 105 (S) |
Case No | Judgment S-2-11 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Malaba DCJ, Sandura JA, Garwe JA & Cheda AJA |
Heard | 17 June 2010 |
Judgment | 1 February 2011 |
Counsel | A P de Bourbon SC, for the applicants |
Case Type | Constitutional application for redress |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe – Declaration of Rights – s 16 (provision against compulsory acquisition of property without compensation) – reconstruction order under Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] – appointment of administrator and effect of powers given to administrator of affected company – such not amounting to acquisition of company or any of its assets or any share issued by company
Constitutional law – Constitution of Zimbabwe – Declaration of Rights – s 18(9) – right to protection of the law – reconstruction order under Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] – need for such order to be confirmed by a judge – s 18(9) not contravened
Constitutional law – Constitution of Zimbabwe – Declaration of Rights – s 24 – application for redress – allegation that Minister did not observe audi alteram partem requirement – not a constitutional matter – should be dealt with on review
Constitutional law – Constitution of Zimbabwe – Declaration of Rights – s 24 – application for redress – need to itemise what provisions of legislation are being challenged – not enough to allege that entire statute is in contravention of Declaration of Rights
Constitutional law – Constitution of Zimbabwe – Declaration of Rights – s 24 – application for redress – when may be brought – pending matter in another court – unless constitutional question in issue in other court, application under s 24(1) permissible
Chidyausiku CJ
Practice and procedure – affidavit – founding affidavit – contents and purpose of – should set out facts succinctly – voluminous and argumentative affidavits not in compliance with rules of court
Practice and procedure – affidavit – validity – affidavit deposed to by a person under a legal disability – such affidavit void
Statutes – Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] – ss 4, 6, 12, 13, 18, 21, 22, 23, 25, 29, 30 and 31 not in contravention of ss 16 and 18 of the Constitution
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