Zimbabwe’s High Court dismantled the ZUPCO monopoly on October 20, 2022, when Justice Evangelista Kabasa declared the COVID-era regulation that gave the state-owned Zimbabwe United Passenger Company exclusive control of public transport “unlawful, irregular and invalid.” The ZUPCO monopoly ruling struck down Section 4(2)(a) of the Public Health (COVID-19) Prevention, Containment and Treatment (National Lockdown) Order 2020, restoring the constitutional right of private commuter omnibus operators to work. What it did not do, at least not yet, was hand them a stable legal footing to operate on.1CITE. High Court Puts an End to ZUPCO’s Monopoly
What the Court Decided
Justice Kabasa, sitting in the Bulawayo High Court, held that COVID-19 containment did not require excluding every private operator from the market. A blanket ban was unreasonable and irrational, the court found, and could not be defended as a proportionate public health measure. The regulation violated operators’ constitutional right to choose and practice their profession, and it was set aside.2Zimbabwe Lawyers for Human Rights. Zim Dismantles ZUPCO Monopoly The Minister of Health and Child Care was ordered to pay costs.1CITE. High Court Puts an End to ZUPCO’s Monopoly
The legal argument rested on two constitutional provisions. Section 64 protects the right to choose and carry out a profession. Section 68 guarantees administrative justice. The applicants added a practical point that undercut the government’s public health rationale: funneling all passengers onto a limited fleet of ZUPCO buses concentrated people rather than dispersing them, worsening exposure risk.2Zimbabwe Lawyers for Human Rights. Zim Dismantles ZUPCO Monopoly
Who Brought the Case
The successful challenge was filed in October 2021 by Tshova Mubaiwa, a Bulawayo-based cooperative of commuter omnibus owners that had operated in the city for more than 34 years. The group was represented by Josephat Tshuma of Zimbabwe Lawyers for Human Rights. It sued President Emmerson Mnangagwa, Health and Child Care Minister Constantino Chiwenga, Local Government and Public Works Minister July Moyo, and Police Commissioner-General Godwin Matanga.2Zimbabwe Lawyers for Human Rights. Zim Dismantles ZUPCO Monopoly
An earlier suit filed by ZLHR in 2020, arguing that the ban was discriminatory and designed to create an unlawful monopoly, was initially dismissed and remained pending in the High Court into early 2022.3Global Press Journal. Private Drivers Dodge Transport Ban, Citing Unfair Policy
The Monopoly the Ruling Ended
In March 2020, the government issued the Public Health (COVID-19) National Lockdown Order, which shut down all forms of public transport except ZUPCO buses. Privately owned commuter omnibuses, known locally as “kombis,” had been the backbone of urban transit in Harare, Bulawayo, and other cities for decades. Under the order, drivers who kept working faced roughly $50 fines and vehicle confiscation. Some moved into illegal operations. Others signed on to lower-paying franchise arrangements under ZUPCO. Operator groups argued the state was using pandemic rules to permanently push private drivers out of the market.3Global Press Journal. Private Drivers Dodge Transport Ban, Citing Unfair Policy
What Has Changed for Operators Since
The ruling ended the legal basis for the monopoly, but it did not produce a working replacement regime. The Ministry of Transport reportedly committed in late 2022 to reopening the market. As of the most recent reporting, private operators remain in what has been described as a legal gray zone, with no formal statute guaranteeing their right to operate and continuing exposure to harassment by authorities.4Atlas Network. A Driving Force for the Rule of Law
The Eastern Caucus (TECa), a civil society group that backed the original challenge, has been in negotiations with the Ministry of Transport to draft legislation that would formally end the monopoly, lower barriers to market entry, and set out a clear legal structure for private operators. Those talks were ongoing as of the latest available reports.4Atlas Network. A Driving Force for the Rule of Law
For a kombi owner reading the judgment, the practical picture is mixed. The regulation that criminalized their work is gone. The framework that would protect it is not yet written.