TENDAI BLESSING MANGWIRO

versus

THE MINISTER OF JUSTICE  & LEGAL AFFAIRS (N.O.)

and

THE MINISTER OF HOME AFFAIRS (N.O)

and

THE ATTORNEY-GENERAL OF ZIMBABWE (N.O.)

HIGH COURT OF HARARE ZIMBABWE

MUSHORE J

HARARE, 30 November 2016 & 15 March 2017

Court Application (Constitution of Zimbabwe- State Liabilities Act- Declaration of invalidity)

T. Zhawarara, for the applicant

H. Magadure, for the respondents

MUSHORE J: After what can only be described as being both an eventful but arduous journey through the courts, applicant is now petitioning this Court for an order declaring that s 5 (2) of the State Liabilities Act [Chapter 8:14] is unconstitutional. Section 5 (2) of that Act provides that State Property is immune from attachment and execution, and that in circumstances where the State finds itself to be a judgment debtor, any amount owed by it should be paid out from the Consolidated Revenue Fund. Applicant contends that whilst s 5 (2) remains valid, it is unjustly impeding him from realising an award of damages granted in his favour by this court in matter number HC 4766/13.