Lovemore Hamilton Pazvakavambwa v Portcullis (Private) Limited t/a Financial Clearing Bureau

HH 175-2011

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Case Details

Court

Harare High Court

Date

13 September 2011

Citation

HH 175-2011

Neutral Citation

[2011] ZWHH 175

Outcome

unknown

Case Type

Application

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Constitutional lawBanking lawData protectionPublic policy

Keywords

credit protection bureaucriminal convictiondatabase listingfreedom of expressionpublic policyrehabilitation

Tags

credit bureaucriminal recorddata retentionbanking servicescreditworthiness

legislation

Statutes Cited

Criminal Justice Act 2003
Human Rights Act 1998
European Convention on Human Rights
Prison Act 1952
Crime (Sentences) Act 1997
Criminal Justice and Court Services Act 2000
Criminal Justice Act 1991
Powers of Criminal Courts (Sentencing) Act 2000
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Offender Rehabilitation Act 2014
Sentencing Act 2020
Constitutional Reform Act 2005
Senior Courts Act 1981
Tribunals, Courts and Enforcement Act 2007
Civil Procedure Rules 1998
Supreme Court Act 1981 (now Senior Courts Act 1981)
Access to Justice Act 1999
Courts and Legal Services Act 1990
Prosecution of Offences Act 1985
Police and Criminal Evidence Act 1984
Data Protection Act 2018
Investigatory Powers Act 2016
Regulation of Investigatory Powers Act 2000
Terrorism Act 2000
Anti-terrorism, Crime and Security Act 2001
Prevention of Terrorism Act 2005
Counter-Terrorism Act 2008
Terrorist Asset-Freezing etc. Act 2010
Counter-Terrorism and Security Act 2015
Immigration Act 1971
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Borders, Citizenship and Immigration Act 2009
Immigration Act 2014
Immigration Act 2016
Nationality and Borders Act 2022
British Nationality Act 1981
British Overseas Territories Act 2002
British Citizenship (Designated Service) Act 2006
State Immunity Act 1978
Diplomatic Privileges Act 1964
Consular Relations Act 1968
International Organisations Act 1968
Visiting Forces Act 1952
Armed Forces Act 2006
Defence Act 1842
Naval Discipline Act 1957
Army Act 1955
Air Force Act 1955
Reserve Forces Act 1980
Reserve Forces Act 1996
Armed Forces (Parliamentary Approval for Participation in Armed Conflict) Act 2011
Inquiries Act 2005
Inquiries (Evidence) Rules 2006
Freedom of Information Act 2000
Environmental Information Regulations 2004
Official Secrets Act 1989
Public Records Act 1958
Public Bodies (Admission to Meetings) Act 1960
Local Government Act 1972
Local Government and Housing Act 1989
Local Government Act 2000
Local Government and Public Involvement in Health Act 2007
Localism Act 2011
Cities and Local Government Devolution Act 2016
Local Government (Religious etc. Observances) Act 2015
Education Act 1944
Education Act 1996
Education Act 2002
Education and Inspections Act 2006
Education and Skills Act 2008
Academies Act 2010
Education Act 2011
Children and Families Act 2014
Higher Education and Research Act 2017
School Standards and Framework Act 1998
Learning and Skills Act 2000
Further and Higher Education Act 1992
Further and Higher Education Act 2002
Apprenticeships, Skills, Children and Learning Act 2009
Education (Student Loans) Act 1990
Teaching and Higher Education Act 1998
Higher Education Act 2004
Student Loans Act 2011
Health and Social Care Act 2008
Health and Social Care Act 2012
Health and Social Care (Community Health and Standards) Act 2003
National Health Service Act 1977
National Health Service Act 2006
National Health Service and Community Care Act 1990
National Health Service (Private Finance) Act 1997
Health Act 1999
Health Act 2006
Health and Medicines Act 1988
Medical Act 1983
Dentists Act 1984
Opticians Act 1989
Pharmacy Act 1954
Veterinary Surgeons Act 1966
Nurses, Midwives and Health Visitors Act 1997
Health Professions Order 2001
Care Standards Act 2000
Care Act 2014
Children Act 1989
Children Act 2004
Childcare Act 2006
Children and Young Persons Act 1933
Children and Young Persons Act 1963
Children and Young Persons Act 1969
Adoption and Children Act 2002
Adoption and Children (Scotland) Act 2007
Children (Leaving Care) Act 2000
Special Educational Needs and Disability Act 2001
Child Poverty Act 2010
Childcare Payments Act 2014
Children and Social Work Act 2017
Domestic Abuse Act 2021
Female Genital Mutilation Act 2003
Forced Marriage (Civil Protection) Act 2007
Serious Crime Act 2015
Modern Slavery Act 2015
Policing and Crime Act 2017
Criminal Finances Act 2017
Sanctions and Anti-Money Laundering Act 2018
Economic Crime (Transparency and Enforcement) Act 2022
Economic Crime and Corporate Transparency Act 2023
Proceeds of Crime Act 2002
Serious Organised Crime and Police Act 2005
Crime and Courts Act 2013
Criminal Justice and Courts Act 2015
Prisons (Interference with Wireless Telegraphy) Act 2012
Prisoners (Control of Release) (Scotland) Act 2015
Parole Board (Transfer of Functions) Act 2022
Victims and Prisoners Act 2024
Police Reform Act 2002
Police Reform and Social Responsibility Act 2011
Policing and Crime Act 2009
Police (Complaints and Conduct) Act 2012
Police and Crime Commissioner Elections (Amendment) Act 2014
Policing and Crime Act 2017
Covert Human Intelligence Sources (Criminal Conduct) Act 2021
Police, Crime, Sentencing and Courts Act 2022
Public Order Act 1986
Public Order Act 2023
Serious Violence Reduction Orders (SVROs) provisions in Police, Crime, Sentencing and Courts Act 2022
Football (Disorder) Act 2000
Football Spectators Act 1989
Violent Crime Reduction Act 2006
Knife Crime Prevention Orders provisions in Offensive Weapons Act 2019
Offensive Weapons Act 2019
Criminal Justice (Sentencing) (Licence Conditions) Act 2022
Sentencing (Pre-consolidation Amendments) Act 2020
Assaults on Emergency Workers (Offences) Act 2018
Voyeurism (Offences) Act 2019
Domestic Abuse Act 2021
Police, Crime, Sentencing and Courts Act 2022
Public Order Act 2023
Online Safety Act 2023
Digital Economy Act 2017
Digital Services Act 2022 (EU retained law)
Data Protection Act 2018
Network and Information Systems Regulations 2018
Computer Misuse Act 1990
Fraud Act 2006
Identity Documents Act 2010
Identity and Language (Northern Ireland) Act 2022
Elections Act 2022
Dissolution and Calling of Parliament Act 2022
Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022
Northern Ireland (Executive Formation etc) Act 2022
Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023
Northern Ireland (Interim Arrangements) Act 2023
Retained EU Law (Revocation and Reform) Act 2023
European Union (Withdrawal) Act 2018
European Union (Withdrawal Agreement) Act 2020
European Union (Future Relationship) Act 2020
European Union (Withdrawal) Act 2019
European Parliamentary Elections Act 2002
European Union (Amendment) Act 2008
European Communities Act 1972 (repealed)
European Union Act 2011
European Union (Approval of Treaty Amendment Decision) Act 2012
European Union (Approvals) Act 2017
European Union (Withdrawal) Act 2018
European Union (Withdrawal) (No. 2) Act 2019
European Union (Withdrawal Agreement) Act 2020
Trade Act 2021
Trade (Australia and New Zealand) Act 2023
Procurement Act 2023
Product Security and Telecommunications Infrastructure Act 2022
Telecommunications (Security) Act 2021
Automated and Electric Vehicles Act 2018
Vehicle Technology and Aviation Bill 2017-19 (not enacted)
Smart Motorways (Review) Act 2023 (private member's bill)
High Speed Rail (West Midlands - Crewe) Act 2021
High Speed Rail (London - West Midlands) Act 2017
Transport and Works Act 1992
Railways Act 1993
Railways Act 2005
Transport Act 2000
Transport Act 1985
Road Traffic Act 1988
Road Traffic Act 1991
Road Traffic (New Drivers) Act 1995
Road Traffic Reduction Act 1997
Road Traffic Reduction (National Targets) Act 1998
Traffic Management Act 2004
Road Safety Act 2006
Road Safety Act 2007
Road Safety (No. 2) Act 2007
Motor Vehicles (Wearing of Seat Belts) Regulations 1993
Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2006
Motor Vehicles (Wearing of Seat Belts by Children) Regulations 2006
Air Traffic Management and Unmanned Aircraft Act 2021
Space Industry Act 2018
Civil Aviation Act 1982
Civil Aviation Act 2006
Civil Aviation Act 2012
Airports Act 1986
Airports Act 2006
Merchant Shipping Act 1995
Merchant Shipping and Maritime Security Act 1997
Marine Navigation Act 2013
Marine and Coastal Access Act 2009
Coastguard Act 1925
Hovercraft Act 1968
Channel Tunnel (Security) Order 1994
Channel Tunnel (International Arrangements) Order 1993
Channel Tunnel (Miscellaneous Provisions) Act 1994
Channel Tunnel Rail Link Act 1996
Crossrail Act 2008
Crossrail 2 Act 2017 (hybrid bill)
Elizabeth Line (Crossrail) Act 2022
Greater London Authority Act 1999
Greater London Authority Act 2007
London Olympic Games and Paralympic Games Act 2006
London Olympic Games and Paralympic Games (Amendment) Act 2011
Olympic Symbol etc. (Protection) Act 1995
Olympic Symbol etc. (Protection) (Amendment) Act 2012
Olympic Symbol etc. (Protection) (Amendment) (No. 2) Act 2012
Olympic Symbol etc. (Protection) (Amendment) Act 2020
Olympic Symbol etc. (Protection) (Amendment) Act 2021
Olympic Symbol etc. (Protection) (Amendment) Act 2022
Olympic Symbol etc. (Protection) (Amendment) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 2) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 3) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 4) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 5) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 6) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 7) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 8) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 9) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 10) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 11) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 12) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 13) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 14) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 15) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 16) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 17) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 18) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 19) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 20) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 21) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 22) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 23) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 24) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 25) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 26) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 27) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 28) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 29) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 30) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 31) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 32) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 33) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 34) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 35) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 36) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 37) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 38) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 39) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 40) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 41) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 42) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 43) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 44) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 45) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 46) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 47) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 48) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 49) Act 2023
Olympic Symbol etc. (Protection) (Amendment) (No. 50) Act 2023

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether perpetual retention of criminal conviction records on a credit bureau database violates public policy","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's 1997 conviction; indefinite database retention; inability to access banking services"}
{"issue_text":"Whether the respondent's conduct infringes the applicant's constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Freedom of expression and information; right to rehabilitation"}
{"issue_text":"Whether the applicant is entitled to declaratory relief and expungement","issue_type":"law","dispositive":"yes","related_facts":"No legal basis for perpetual retention; prejudice to applicant"}

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background

Facts of the Case

Background

The applicant, a former Managing Director convicted of corruption in 1997, sought orders declaring unlawful his continued listing on the respondent's credit protection database and directing expungement of his name. The respondent operates a credit protection bureau for financial institutions, maintaining records of criminal convictions that affect creditworthiness assessments.

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