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Constitutional Court
Patricia Dengezi v (1) Munyaradzi Nyamururu (2) Xolisan Moyo (3) Champions Insurance Company Limited (4) The Commissioner General of Police (5) Minister of Home Affairs
CCZ 13/23
Case Details
Court
Constitutional Court
Date
20 November 2023
Citation
CCZ 13/23
Neutral Citation
[2023] ZWCCZ 13
Outcome
unknown
Case Type
Constitutional Referral
Bench
Presiding
Malaba CJ
Author
Garwe JCC
Full Bench
Malaba CJGwaunza DCJGarwe JCCMakarau JCCGowora JCCHlatshwayo JCCPatel JCC
Areas of Law
Constitutional LawCivil Procedure
Keywords
prescriptionspecial pleaconstitutional matterreferralPolice Actdeath of judge
Tags
constitutional referralprescriptionPolice Actsection 70striking off
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Police Act [Chapter 11:10]
- Prescription Act [Chapter 08:11]
- Prescription Act [Chapter 08:11]
- Prescription Act [Chapter 08:11]
- Prescription Act [Chapter 08:11]
- Prescription Act [Chapter 08:11]
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the referral of the constitutional matter was properly made under s 175(4) of Constitution","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"No special plea pleaded; informal discussion only"}
- {"issue_text":"Whether the death of Makomo J rendered the referral a nullity","issue_type":"procedural","dispositive":"yes","related_facts":"Judge died before constitutional hearing"}
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background
Facts of the Case
Background
The applicant, an informal trader, claimed damages against police and others after her infant son was killed in a road accident allegedly caused by police officers' actions. She sued nearly a year later and sought referral of the constitutionality of s 70 Police Act's 8-month prescription period, though no special plea of prescription had been pleaded.
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