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Constitutional Court
Douglas Muzanenhamo v (1) Officer in Charge CID Law and Order (2) Officer Commanding Harare Central District (3) Commissioner General of Police (4) Co-Ministers of Home Affairs (5) Officer in Charge Harare Central Prison (6) Commissioner General of Prisons (7) Minister of Justice and Legal Affairs (8) Attorney-General
Judgment No. CCZ 3/13
Case Details
Court
Constitutional Court
Date
14 November 2013
Citation
Judgment No. CCZ 3/13
Neutral Citation
[2013] ZWCCZ 3
Judgment No.
CCZ 3/13
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
PATEL JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGARWE JAGOWORA JAPATEL JAHLATSHWAYO JACHIWESHE AJAGUVAVA AJA
Areas of Law
Constitutional lawHuman rights law
Keywords
HIV positive prisonerAnti-retroviral medicationInhuman treatmentPrison conditionsSection 24 Constitution
Tags
Human rightsPrison conditionsHIV/AIDSDeclaration of Rights
legislation
Statutes Cited
- Constitution of Zimbabwe (former Constitution)
- Constitution of Zimbabwe (former Constitution)
- Constitution of Zimbabwe (former Constitution)
- Constitution of Zimbabwe (former Constitution)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there are material disputes of fact that prevent the court from deciding the constitutional application on the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting affidavits regarding treatment during detention"}
- {"issue_text":"Whether the applicant's constitutional rights under sections 15(1) and 20(1) were violated","issue_type":"constitutional","dispositive":"no","related_facts":"Allegations of denial of medication and inhuman treatment"}
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background
Facts of the Case
Background
The applicant, who is HIV positive, alleged that his constitutional rights were violated during his detention at Harare Central Police Station and Harare Remand Prison, where he was denied access to his anti-retroviral medication and subjected to inhuman and degrading treatment.
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