Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Constitutional Rights re: Liberty, Torture, Inhuman and Degrading Treatment or Punishment & Principle of Human Dignity

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

The Republic of Zimbabwe is a signatory to the International Covenant on Civil and Political Rights, 1966 (ICCPR). It acceded to this international treaty. As a State Party to this international human rights treaty, the Republic of Zimbabwe is bound by the international treaty obligations flowing from the treaty.It may ...
More

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 ...
More

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 ...
More

CC04-14 : JENNIFER WILLIAMS and MAGODONGA MAHLANGU and CLARA MANJENGWA and CELINA MADUKANI vs CO-MINISTERS OF HOME AFFAIRS and COMMISSIONER GENERAL OF POLICE and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: ZIYAMBI JA, GARWE JA, MAKARAU JA GOWORA JA and OMERJEE AJA

THE BACKGROUNDThe applicants were arrested during the course of a demonstration, on 15 April 2010, against what they alleged to be the appalling service provision from the Zimbabwe Electricity Supply Authority (ZESA), and detained at the Harare Central Police Station. The first applicant is the Director of Women of Zimbabwe Arise.It was alleged by the first ...
More

CC08-16 : OBEDIAH MAKONI vs COMMISSIONER OF PRISONS and MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC, BHUNU JCC, UCHENA JCC and CHITAKUNYE AJCC

The applicant in this matter was convicted of the murder of his girlfriend. Because of extenuating circumstances, he was sentenced to life imprisonment. He was aged nineteen (19) at the time of his conviction and has been in gaol since 1995 - for almost 21 years. The gravamen of his application is that ...
More

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

THE INTERPRETATION OF SECTION 53 OF THE CONSTITUTION AND HUMAN DIGNITY Section 53 of the Constitution occupies a central place in the scheme of constitutional protection of fundamental human rights and freedoms enshrined in Chapter 4 of the Constitution. The assessment of the purpose of the protection of a fundamental human right or freedom takes into account the ...