Michael Nyika and Crispen Tobaiwa v Minister of Home Affairs and Others

HH 7/25

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Case Details

Court

Harare High Court

Date

7 January 2025

Citation

HH 7/25

Neutral Citation

[2025] ZWHH 7

Outcome

unknown

Case Type

Constitutional Referral

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Constitutional LawDelictPolice Liability

Keywords

section 70 Police Actprescriptionconstitutional challengeaccess to courtsequality before the law

Key Issues

{"issue_text":"Whether the eight months period for suing the police as required by s 70 of the Police Act is unconstitutional in that it violates section 56(1) of the Constitution which guarantees equality before the law and the right to equal protection and benefit of the law","issue_type":"constitutional","dispositive":"yes","related_facts":"The plaintiffs' claims exceeded the 8-month prescription period"}
{"issue_text":"Whether s 70 of the Police Act violates section 69(2) of the Constitution which guarantees the right to a fair, speedy and public hearing within a reasonable time","issue_type":"constitutional","dispositive":"yes","related_facts":"The plaintiffs were prevented from pursuing their claims due to the prescription period"}

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Facts of the Case

Background

Two army officers were shot by police officers who mistook them for armed robbers on 19 July 2014. They instituted civil claims for damages 11 months later, which exceeded the 8-month prescription period under s 70 of the Police Act. The defendants raised prescription as a defence, leading the plaintiffs to challenge the constitutionality of the provision.

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