“This is due to an abrupt loss of income, as the informal sector is not allowed to operate during the period of the Level 4 lockdown ushered in by the order in question, this prohibition,” said Mkwananzi in his founding affidavit.
“Applicants will demonstrate hereunder, that the order in question (the lockdown) is invalid on account of it being inconsistent with various provisions of the Constitution of Zimbabwe, as well as being irrational and disproportionate to the public health imperative as outlined in the Public Health Act (Chapter 15:17).”
The informal traders also questioned Chiwenga’s authority in ordering the lockdown, arguing that section 68 of the Public Health Act (Chapter 15:17), empowered the President, not his deputy to proclaim such an order.
ZLHR on Monday also filed another urgent chamber application at the High Court seeking an order compelling government to declare them essential service providers to facilitate their ease passage at security checkpoints during the national lockdown period.
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