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Constitutional Rights re: Arrest, Detention and Security iro Constitutional Obligations of Security Forces & Personnel

SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

This case is about a permanent stay of a criminal prosecution because of torture and inhuman and degrading treatment to which the applicant was subjected by State security agents prior to being brought to Court on a criminal charge.Jestina Mukoko (hereinafter referred to as (“the applicant”) appeared before a magistrate ...
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

THE SECOND GROUNDEffect of Pre-charge Abduction and Violation of section 15(1) on Criminal ProsecutionThe second ground on which the validity of the decision to institute the criminal prosecution was challenged was that the prosecution was unlawful because it was based on information or evidence obtained from the applicant by infliction ...
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HH123-09 : JOHN MANATSA vs ZONDAI CHIMBWANDA and GIVEMORE KARIMAZONDO and WILLARD DZOMBA and CITY OF HARARE
Ruled By: CHITAKUNYE J

The plaintiff's claim was for specific performance of an agreement of sale for the cession of personal rights and interests held jointly by the first defendant and second defendant in a property known as 5706 Muroro Crescent, Glen Norah B, Harare.The plaintiff asserted that he entered into the agreement with ...
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HB126-16 : MOVEMENT FOR DEMOCRATIC CHANGE–T vs OFFICER COMMANDING BYO CENTRAL DISTRICT POLICE N.O. and THE COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE N.O. and THE MINISTER OF HOME AFFAIRS N.O.
Ruled By: MAKONESE J

In terms of section 219 of the Constitution of Zimbabwe the police have, amongst other duties, the responsibility of maintaining law and order and protecting and securing the lives and property of the people.
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View Appeal
CC10-19 : THE STATE vs WILLARD CHOKURAMBA (JUSTICE FOR CHILDREN'S TRUST INTERVENING AS AMICUS CURIAE and ZIMBABWE LAWYERS FOR HUMAN RIGHTS INTERVENING AS AMICUS CURIAE)
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, HLATSHWAYO JCC, MAVANGIRA JCC, BHUNU JCC, UCHENA JCC and MAKONI AJCC

BRANDIES J observed, in a dissenting opinion in Olmstead v United States 277 US 438 (1928)…, that the Government should be “the potent, the omnipresent teacher. For good or for ill it teaches the whole people by its example.”
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HH118-15 : MARIA SJAMBOK and BEAUTY CHIRAU vs TRUST CHINYAMA and MINISTER OF LANDS & RURAL RESETTLEMENT
Ruled By: MATHONSI J

As to why Central Intelligence Organisation (CIO) members think they should use their office to intimidate law-abiding citizens and to be a law unto themselves is just about one mystery which is difficult to fathom. There is a pressing need for the authorities to reign in these people and remind them that they cannot act with impunity in ...
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HB241-16 : FRANCIS MOYO vs COMMISSIONER GENERAL OF POLICE N.O. and SUPERITENDENT NYAMAROPA N.O. and CO-MINISTER OF HOME AFFAIRS N.O.
Ruled By: TAKUVA J

It goes without saying that the first respondent, as the Commander of the Police Service, is duty-bound to ensure that rights of all members are protected. Whenever it appears that these rights are infringed he should take corrective measures to rectify the anomaly.
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HHB84-15 : THE STATE vs PROUD MOYO and MAVIS MUTEMA
Ruled By: TAKUVA J

The accused persons are facing a charge of murder in that upon or about the 6th and 7th day of March 2011, and at Zimbabwe Republic Police, Sauerstown, Bulawayo, in the province of Bulawayo, Accused 1 and 2 did wrongfully, unlawfully and intentionally kill and murder Samson Ncube, a male ...
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HHH515-17 : STATE vs MADALITSO RANCHI
Ruled By: TSANGA J and ASSESSORS: GWEME and MHANDU

Section 52, which accords the right to personal security, categorically prohibits violence at the hands of both private and public actors.“52 Right to personal securityEvery person has the right to bodily and psychological integrity, which includes the right —(a) To freedom from all forms of violence from public or private ...
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HHH65-18 : THE STATE vs SHEPHERD SHAMBARE and EVERSET MATUNGE and GEORGE KASEKE and STANLEY CHITENDA
Ruled By: CHITAPI J

The applicants apply for bail pending appeal against both conviction and sentence.The applicants were convicted of “murder with constructive intention” as defined in section 47(1)(b) of the Criminal Law Codification and Reform Act [Chapter 9:23] by MWAYERA J sitting with Assessors on 31 May 2017 in the High Court, Harare….,.The ...
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HHMT19-18 : THE STATE vs EDSON PHILLIMON MLAMBO
Ruled By: MWAYERA J and ASSESSORS: SANA and CHAGONDA

The accused was initially charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is alleged that on 7 June 2017, and at Ratelshoek Tea Estate, Chipinge, the accused unlawfully and with intent to kill or realizing that there was a real ...
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HH229-15 : IZAYI PARK HOUSING SCHEME (represented by ELINAS GUMBO) vs SHADRECK GWENA and OTHERS
Ruled By: TAGU J

The applicant seeks a spoliation order against all the 18 respondents on the following terms:“A. TERMS OF THE FINAL ORDER SOUGHTIt is ordered that:(1) The Respondents are interdicted from interfering with the Applicant's project and business in whatever manner.(2) The Respondents' behaviour and conduct is hereby declared wrongful and unlawful.(3) ...
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SSC43-17 : JOSEPH CHANI vs THE STATE
Ruled By: ZIYAMBI JA, GOWORA JA and HLATSHWAYO JA

After hearing counsel in this matter we dismissed the appeal against both conviction and sentence. We indicated that our reasons would follow in due course. These are they.The appellant was convicted of one count of murder and three counts of assault as defined in section 47(1)(b) and section 89 respectively ...