One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe's constitutional socio-economic rights
نویسندگان
چکیده
SUMMARY In 2013 Zimbabwe enacted a new Constitution, introducing raft of changes, among them, the introduction constitutional socio-economic rights. Not soon thereafter rights were tested in case Mushoriwa v City Harare 2014. The High Court made finding favour applicant, decision which enforced right to water section 77 Constitution. ruling offered view that bylaws used unconstitutional and contrary enabling statute. This judgment was welcomed as 'first true test' under Hove judge agreed with reasoning that, event genuine dispute bill, there should be recourse courts for remedies. 2018, however, Supreme overturned case. It declared disconnections terms bylaw are above board. raises questions obligation protect imposed upon all organs state. is against this background article reviews makes comments on effects judgment, specifically about enforcement Zimbabwe. Keywords: constitutionality; water; Mushoriwa;
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ژورنال
عنوان ژورنال: African Human Rights Law Journal
سال: 2021
ISSN: ['1609-073X', '1996-2096']
DOI: https://doi.org/10.17159/1996-2096/2021/v21n1a25