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MINISTER OF FOREIGN AFFAIRS v JENRICH & ORS 2015 (1) ZLR 428 (H)

2015 (1) ZLR p428

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
Mrs J B Wood, for the first respondent
M C Kamba, for the second respondent

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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