MINISTER OF FOREIGN AFFAIRS v JENRICH & ORS 2015 (1) ZLR 428 (H)
Citation | 2015 (1) ZLR 428 (H) |
Case No | Judgment No. HH-232-15 |
Court | High Court, Harare |
Judge | Uchena J |
Heard | 14 January, 11, 18 & 20 February 2015; CAV |
Judgment | 11 March 2015 |
Counsel | P Machaya, for the applicant |
Case Type | Urgent chamber application |
Annotations | No case annotations to date |
Flynote
International law – international agreement signed by President – effect on domestic law – becomes binding when approved by Parliament even if not incorporated into domestic law
International law – sovereign immunity – international organisation – restrictive immunity from suits – employment contract – not covered by immunity – international organisation claiming immunity – entitled to approach court to assert immunity – not thereby waiving immunity – action against international organisation – court's duty to inquire mero motu into issue of immunity
Practice and procedure – parties – locus standi – Minister acting on behalf of Government – Minister bringing proceedings to protect international organisation – limited circumstances in which may do so
Practice and procedure – parties – party claiming sovereign immunity – party entitled to approach court to claim immunity – not waiving immunity by so doing
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