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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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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 ...
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HH29-09 : FIDELIS CHIRAMBA and OTHERS vs MINISTER OF HOME AFFAIRS N.O. and COMMISSIONER GENERAL OF POLICE and OFFICER COMMANDING CID HOMICIDE, Chief Supt MAKEDENGE and DETECTIVE CONSTABLE MUUYA
Ruled By: HUNGWE J

In this application, the applicants seek an order -(a) Declaring their arrest and continued detention unlawful;(b) Requiring the respondents and all those calling through them or acting on their behalf to permit the applicants access to medical treatment at medical centres of their choice;(c) Directing the respondents or anyone calling ...
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HH557-17 : ZVIDZAI MARANGE vs BERNARD MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION and PRESERVATION OF NATIONAL CULTURE and HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: MANGOTA J

Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange.The first respondent eventually succeeded him as Chief Marange.The process of selecting ...
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HH443-13 : JONAS MUSHOSHO vs LLOYD MUDIMU and THE DEPUTY SHERIFF
Ruled By: CHIGUMBA J

This is an application for rescission of judgment in two matters, HC6627/10 and HC3805/08, brought in terms of Order 49 Rule 449(1)(a) of the High Court Rules, 1971.The relief sought by the applicant, is for an order in the following terms:1. The judgments obtained by the 1st respondent against the ...
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HHH196-18 : IGNATIUS CHOMBO vs THE STATE
Ruled By: MUSHORE J

This is an appeal against the refusal of bail (pending trial) in the Magistrates' Court in terms of section 121 of the Criminal Procedure and Evidence Act [Chapter 9:07] on the following grounds:“1. The Magistrate misdirected himself in law in failing to find that 'compelling reasons' demanded by section 50(1)(d) ...
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HHH374-19 : MUNYARADZI KEREKE vs FRANCIS MARAMWIDZE N.O.
Ruled By: HUNGWE J and WAMAMBO J

The appellant was convicted of rape, as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], by the Regional Magistrate, Harare, and sentenced to 14 years imprisonment of which four years were suspended for five years on the usual conditions, on 11 July 2016.The appellant ...
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SSC117-21 : TAKUNDA MADAMOMBE vs THE STATE
Ruled By: BHUNU JA

This is an appeal against refusal of bail pending appeal by the High Court (the court a quo). The application is in terms of Rule 67 of the Supreme Court Rules, 2018 as read with section 121(2)(a) of the Criminal Procedure and Evidence Act [Chapter 9:07].FACTUAL BACKGROUNDThe appellant was employed ...
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HB48-15 : EBENEZER TRUST vs THE MINISTER OF LANDS AND RURAL RESSETTLEMENT and P. K. MHLANGA N.O. (as Acting District Lands Officer) and RHODIE MASHINGAIDZE and CHIEF MASUKU
Ruled By: MOYO J

This is an urgent application premised on the principle of mandamus van spolie.The applicant's case is that he has been in peaceful and undisturbed possession of Maleme Farm in the Matobo District of Matebeleland South Province.In paragraph 29 of the applicant's founding affidavit he states thus:“That coercion has become so ...
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HHH143-18 : STATE vs JAMES ACKIM and LAMECK ACKIM
Ruled By: KUDYA J and ASSESSORS: MHANDU and CHIVANDA

The two accused persons are brothers. They were jointly charged with the murder of Jokonia Choga Muunganirwa at Chemhanza Hill in Chevakadzi Resettlement Area in Bindura on 31 January 2010. They were alleged to have caused his death by assaulting him indiscriminately all over his body and stoning him on ...
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HHH220-16 : THE STATE vs GEORGE LOVELL
Ruled By: MUSAKWA J

The accused pleaded not guilty to a charge of murder. The incident took place in 2012.During the course of the trial, the State sought to produce extra-curial statements recorded from the accused. The defence challenged the admissibility of the statements.A trial on the separate issue ensued and this is the ...
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HHH15-10 : THE STATE vs ROY LESLIE BENNNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and CHIVANDA

In this case, the State is seeking the impeachment of its main witness, one Michael Peter Hitschman, in terms of section 316 of the Criminal Procedure and Evidence Act [Chapter 9:07] on the grounds that the witness has materially departed from his previous statements.The section provides that:"316 Impeachment and support ...
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CC08-22 : IGNATIUS CHOMBO vs THE NATIONAL PROSECUTING AUTHORITY and THE PROSECUTOR GENERAL and THE ATTORNEY GENERAL
Ruled By: GARWE JCC, MAKARAU JCC and PATEL JCC

This is an application for leave to appeal against a decision of the Supreme Court handed down on 25 November 2021.Holding that there was no proper appeal before it, the Supreme Court struck from its roll the appeal that the applicant had noted against a judgment of the High Court.Using ...
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CC14-20 : HILTON CHIRONGA and RASHID MAHIYA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HOME AFFAIRS and MINISTER OF DEFENCE and GOVERNMENT OF ZIMBABWE
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATHSWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act 2013 (“the Constitution”) adopted the rule of ...
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HMA55-19 : GREAT ZIMBABWE UNIVERSITY vs NESBERT MAREVERWA
Ruled By: WAMAMBO J

The applicant seeks a rei vindicatio order. It seeks to recover its property retained by the respondent.The applicant is a body corporate duly constituted in terms of the Great Zimbabwe University Act [Chapter 25:24].The respondent was an employee of the applicant holding the position of Chief Security Officer.The respondent holds ...
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HHMA56-19 : THE STATE vs WONDERFUL MANJORO
Ruled By: MAWADZE J and ASSESSORS: CHADEMANA and MUSHUKU

Section 52(2)(a) of the Constitution protects any person from all forms of violence - whether from public or private sources.
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HMT02-19 : RUBEN ZIMONDI vs SECRETARY PUBLIC SERVICE COMMISSION and GENERAL COMMISSIONER OF THE PRISONS AND CORRECTIONAL SERVICE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and PRESIDENT OF ZIMBABWE
Ruled By: MUZENDA J

On the 4th July 2018, the applicant (Ruben Zimondi) filed an application seeking the following relief:“IT IS ORDERED THAT:1. It is declared that the discharge of the applicant herein, wherein he held the rank of Superintendent, be and is hereby declared unlawful.2. The 1st respondent be and is hereby ordered ...
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HH125-17 : GRANDWELL HOLDINGS vs ZIMBABWE CONSOLIDATED DIAMOND COMPANY LTD and COMMISSIONER GENERAL, ZIMBABWE REPUBLIC POLICE and MBADA DIAMONDS (PVT) LTD
Ruled By: TSANGA J

In March 2016, the applicant, Grandwell Holdings (Grandwell), which owns a 50% shareholding in Mbada Diamonds [Private] Limited (Mbada), a joint venture initiative for diamond mining in Chiadzwa, obtained an interim order under HC1977/16 (HH193-16).The other 50% shareholding in Mbada is owned by Marange Resources [Private] Limited (Marange), a Government-owned ...
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HMT58-19 : EVANS MULAUZI vs RUSAPE TOWN COUNCIL and SOLOMON GABAZA and TARISAI MANZONZO
Ruled By: MWAYERA J and MUZENDA J

The use of firearm for any operation exposes great risk to the general public, whether the operation is done by the police, the military, or the municipal police - it is inherently dangerous.It is necessary that members of the public be given adequate instructions, warning, and information.
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