Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Constitutional Court
Aaron Nyarugwe v Dharwizi Transport (Private) Limited
Judgment No CCZ 10/19
Case Details
Court
Constitutional Court
Date
3 April 2019
Citation
Judgment No CCZ 10/19
Neutral Citation
[2019] ZWCCZ 10
Judgment No.
CCZ 10/19
Outcome
unknown
Case Type
Application
Bench
Presiding
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCHLATSHWAYO JCCMAVANGIRA JCCBHUNU JCCUCHENA JCCMAKONI AJCC
Areas of Law
Constitutional LawCriminal ProcedureHuman Rights Law
Keywords
Section 353Corporal PunishmentSection 53 ConstitutionJuvenile OffenderInhuman and Degrading Treatment
Tags
Judicial Corporal PunishmentHuman DignityChildren's RightsConstitutional Validity
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Children's Act
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether s 353 of the Criminal Procedure and Evidence Act [Chapter 9:07] contravenes s 53 of the Constitution.","issue_type":"constitutional","dispositive":"yes","related_facts":"The imposition of judicial corporal punishment on a male juvenile."}
- {"issue_text":"Whether judicial corporal punishment amounts to \"inhuman\" or \"degrading\" punishment or both within the meaning of s 53.","issue_type":"law","dispositive":"yes","related_facts":"The nature and effect of the punishment described in the Regulations."}
- {"issue_text":"The meaning of the phrases \"inhuman punishment\" and \"degrading punishment\".","issue_type":"law","dispositive":"yes","related_facts":"Interpretation of s 53 of the Constitution."}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
On 26 September 2014, a 15-year-old respondent was sentenced by a Regional Magistrate to receive moderate corporal punishment of three strokes for rape. The sentence was imposed under the authority of s 353 of the Criminal Procedure and Evidence Act. The High Court subsequently declared this section constitutionally invalid, leading to confirmation proceedings in the Constitutional Court.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →
Legal Intelligence
for Africa.
for Africa.
Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.