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MLOTSHWA v DISTRICT ADMINISTRATOR, HWANGE & ANOR 2020 (1) ZLR 1373 (H)

2020 (1) ZLR p1373

Citation

2020 (1) ZLR 1373 (H)

Case No

Judgment No. HB 94-20

Court

High Court, Bulawayo

Judge

Takuva J

Heard

21 June 2019

Judgment

25 June 2020

Counsel

P Dube with T Ndlovu, for the applicant
Miss R Hove, for the first respondent
Miss L Mumba, for the second respondent

Case Type

Application for mandamus

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to dignity (s 51) – equality and non-discrimination (s 56) – rights of women (s 80) – effect on eligibility of woman to be selected as chief

Customary law – traditional leaders – chiefs – selection of – eligibility of woman to be selected as chief – effect of rights set out in Declaration of Rights

Practice and procedure – mandamus – against government official – appropriate where official fails to carry out his or her legal and constitutional duties – failure to uphold provisions of Declaration of Rights

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