MAPINGURE v MINISTER OF HOME AFFAIRS & ORS 2012 (2) ZLR 472 (H)
Citation | 2012 (2) ZLR 472 (H) |
Case No | Judgment No. HH-452-12 |
Court | High Court, Harare |
Judge | Bere J |
Heard | 28 March 2012; 29 March 2012; CAV |
Judgment | 12 December 2012 |
Counsel | I Murerwa, for the applicant |
Case Type | Application for default judgment |
Annotations | No case annotations to date |
Flynote
Delict – negligence – public officials – failure to assist woman made pregnant as result of unlawful intercourse – no duty imposed on such officials by relevant legislation – no actionable negligence shown
Statutes – Termination of Pregnancy Act [Chapter 15:10] – when a pregnancy resulting from unlawful intercourse may be lawfully terminated – procedure to be followed by woman concerned – need for affidavit to be made by her before a magistrate, who may then issue certificate authorising termination – no such affidavit made – issue of certificate not lawful
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