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Harare High Court
Constable Dhlakama M. 994695P and Constable Karirira L. 991058L v The Trial Officer and The Commissioner General of Police
HH 129-18
Case Details
Court
Harare High Court
Date
13 March 2018
Citation
HH 129-18
Neutral Citation
[2018] ZWHH 129
Outcome
unknown
Case Type
Review
Bench
Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Administrative lawPolice lawConstitutional law
Keywords
disciplinary hearingcriminal proceedingsdouble jeopardyPolice Actreview grounds
Tags
police disciplinary proceedingsreview applicationdouble jeopardy
legislation
Statutes Cited
- Police Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether disciplinary proceedings under Police Act and criminal proceedings under Criminal Law Code for same conduct constitute double jeopardy","issue_type":"legal","dispositive":"yes","related_facts":"Same conduct giving rise to both proceedings"}
- {"issue_text":"Whether section 70(1)(m) of Constitution prohibits dual prosecution in these circumstances","issue_type":"constitutional","dispositive":"no","related_facts":"Applicants facing both disciplinary and criminal proceedings"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Police constables sought review of disciplinary proceedings arguing they constituted double jeopardy as the officers were also facing criminal charges for the same conduct. The disciplinary hearing was instituted under the Police Act for improper conduct relating to misuse of deposit fines.
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