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Constitutional Court
Jennifer Williams & Ors v Co-Ministers of Home Affairs & Ors
[2014] ZWCCZ 4
Case Details
Court
Constitutional Court
Date
5 June 2014
Citation
[2014] ZWCCZ 4
Judgment No.
CCZ 4/14
Outcome
unknown
Case Type
Application
Bench
Presiding
Ziyambi JA
Full Bench
Ziyambi JAGarwe JAMakarau JAGowora JAOmerjee AJA
Areas of Law
Constitutional lawHuman rights
Keywords
Inhuman and degrading treatmentDiscriminationPolice cellsWomen detainees
Tags
Declaration of RightsPolice detention conditionsWomen's rights
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether detention conditions constituted inhuman and degrading treatment violating s 15(1)","issue_type":"constitutional","dispositive":"yes","related_facts":"Overcrowding, filthy conditions, lack of privacy, inadequate facilities"}
- {"issue_text":"Whether forcing women to remove brassieres constituted discrimination under s 23","issue_type":"constitutional","dispositive":"yes","related_facts":"Women forced to remove intimate apparel while men would not be"}
- {"issue_text":"Whether failure to provide sanitary provisions for women constituted discrimination","issue_type":"constitutional","dispositive":"no","related_facts":"No specific provisions for menstruating women"}
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background
Facts of the Case
Background
Four women members of Women of Zimbabwe Arise (WOZA) were arrested during a demonstration and detained for five nights at Harare Central Police Station under deplorable conditions including being forced to remove their brassieres, walking barefoot on dirty floors, overcrowded cells with human excreta, no sanitary provisions for women, and inadequate food and water.
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