This is an urgent chamber application for an interdict and declatatory relief in terms of Order 32 Rule 241 as read with Section 85 of the Constitution of Zimbabwe. In concise terms this is an urgent chamber application for an order compelling the first respondent to issue written policy directives that ensure compliance with the COVID-19 preventative measures known as Public Health (COVID-19 Prevention, containment and Treatment orders) in compliance with section 229 (4) of the Constitution of Zimbabwe which responsibility affects the affairs of the Prisons and Correctional service.
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On 18 November, 2021 the first respondent wrote requesting reasons for my decision. These are they:
The application is one for a declaratur and consequential relief. The applicant must, in an application for a declaratur, show that he has a direct and substantial, and not only financial, interest in the right which is the subject-matter of the inquiry. Absent that, his application cannot succeed.
Whether or not the applicant in casushowed that it has the requisite interest in the tobacco which is the subject-matter of this application depends, in a large measure, on the evidence which the parties placed before...
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