Judgment No. CCZ 3 /13 5 Constitutional Application No. CCZ 287/12 In this regard, the mere allegation of a possible dispute of fact is not conclusive of its existence. See Room Hire Co. (Pty) Ltd v Jeppe Street Mansions ((Pty) Ltd 1949 (3) SA 1155 (T) at 1163; Checkers Motors (Pvt) Ltd v Karoi Farmtech (Pvt) Ltd S-146-86; Boka Enterprises v Joowalay & Another 1988 (1) ZLR 107 (S) at 114B-C; Kingstons Ltd v L.D. Ineson(Pvt) Ltd 2006 (1) ZLR 451 (S) at 456C-D and 458D-E. The respondent’s defence must be set out in clear and cogent detail. A bare denial of the applicant’s material averments does not suffice. The opposing papers must show a bona fide dispute of fact incapable of resolution without viva voce evidence having been heard. See the Room Hire Co. case, supra, at 1165, cited with approval in Vittareal Flats (Pvt) Ltd v Undenge & Others 2005 (2) ZLR 176 (H) at 180C-D; van Niekerk v van Niekerk & Others 1999 (1) ZLR 421 (S) at 428F-G. DISPUTES OF FACT IN THE PRESENT MATTER In their opposing papers, the respondents make certain clear concessions in response to the applicant’s averments concerning the conditions at Harare Central Police Station. The second respondent (Officer Commanding Harare Central District) admits that the toilets in the holding cells are not screened and that there is no flushing mechanism for use by inmates within any given cell. He also accepts that, although each inmate should be given three blankets, no mattresses are provided for inmates to sleep on. Apart from this, all the other averments of the applicant are denied, either in their totality or in terms that substantially contradict the applicant’s assertions. In certain respects, the respondents’ denials are not sufficiently detailed. For instance, the sixth respondent (Commissioner General of Prisons) admits that strip