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Constitutional Court
Kenny Murray v Donald Ndirowei N.O. & Anor (The Attorney-General) & Anor (The Minister of Home Affairs N.O.)
[2017] ZWCCZ 2
Case Details
Court
Constitutional Court
Date
28 February 2017
Citation
[2017] ZWCCZ 2
Judgment No.
CCZ 2/17
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Full Bench
CHIDYAUSIKU CJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCMAVANGIRA AJCCCHIWESHE AJCCMAKONI AJCC
Areas of Law
Constitutional lawCriminal procedureHuman rights
Keywords
Unlawful detentionSection 49(1)(b) ConstitutionArrest at courtRight to liberty
Tags
Unlawful arrestRight to libertyConstitutional challenge
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether deprivation of applicant's liberty constituted unlawful arrest/detention violating constitutional right to liberty","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant attended court voluntarily but was detained for seven hours"}
- {"issue_text":"Whether section 95(1)(a) of Criminal Law Act constituted criminal offence","issue_type":"criminal","dispositive":"no","related_facts":"Alleged utterance of insulting words"}
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background
Facts of the Case
Background
The applicant attended court voluntarily from home on 3 December 2013 for a criminal matter. Despite being on free bail, he was unlawfully detained in holding cells for seven hours, appearing in court as a person in custody. He challenged this practice as unconstitutional violation of his right to liberty.
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