A Harare based legal practitioner Obert Kondongwe has dragged Vice President Constantino Chiwenga to court over the current lockdown, which he says is unconstitutional and must be suspended.
The lockdown forced all businesses to close except those deemed to be offering essential services such as health, retail shops, manufacturing and security among others.
The Vice President also announced the closure of the land borders, banned all gatherings except funerals which were allowed only 30 mourners.
He also said the 1st Respondent cannot impose a lockdown and restrictions of fundamental rights and freedoms without the declaration of a state of public emergency.
Kondongwe in his application wants the “Covid-19 regulations Statutory Instrument 10 of 2012 promulgated by the 1st Responded as amending Statutory Instrument 200 of 2020 under which the lockdown obtains be declared null and void for being unconstitutional in breaching sections 134 and fundamental constitutional rights and freedoms set out in the Declaration of rights under sections 51, 56, 58, 66, 68, 71, 75, 76 and 77 of the constitution.
“Further, that the COVID-19 Regulations SI 10 of 2021 promulgated by the 1st Responded as amending SI 200 of 2020 under which the lockdown obtains be declared null and void for want of the attendant declaration of State of public emergency under Section 113 of the constitution by the President or a state of disaster in terms of section 27 of the Civil Protection Act (Chapter 10:06.”
The application was filed at the High Court of Zimbabwe on the 8th of January 2020.