MAGUWU v CO-MINISTERS OF HOME AFFAIRS & ORS 2012 (2) ZLR 346 (H)

2012 (2) ZLR p346

Flynote

Aviation – Civil Aviation Authority of Zimbabwe – status of – proceedings against – Authority may sue and be sued in own name – no need to cite Minister of Transport in such proceedings

Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – freedom of movement – freedom from deprivation of property – constitutional rights thereto – State security – of paramount importance but must be justifiable and conform to the rule of law

Criminal procedure – search and seizure – when may be carried out – need to suspect that articles concerned are connected to commission of an offence – what may effect seizure – agents of State security organisation – required to act in terms of law

Practice and procedure – application – urgent – alleged disputes of fact – submission by respondent that applicant should have proceeded by way of action – respondent not prepared to lead evidence on alleged matters in dispute – application procedure justifiable

Practice and procedure – parties – parastatal body – action against parastatal body corporate which is capable of being sued – no need to cite Minister under whose portfolio parastatal operates – Minister not responsible for any such acts or omissions