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Constitutional Court
Petros Makaza & Golden Nhika v The State AND Khumhuzo Gumbo & Sydney Ndachengedzwa v The State
CCZ 16/17
Case Details
Court
Constitutional Court
Date
19 July 2017
Citation
CCZ 16/17
Neutral Citation
[2017] ZWCCZ 16
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 LawHuman Rights Law
Keywords
tortureconstitutional violationpermanent stay of prosecutionfair trialevidence
Tags
tortureconstitutional rightscriminal prosecutionpermanent stayevidence obtained through torture
legislation
Statutes Cited
- Constitution of Zimbabwe (former Constitution)
- Constitution of Zimbabwe (former Constitution)
- Constitution of Zimbabwe (former Constitution)
- Constitution of Zimbabwe (current Constitution)
- Constitution of Zimbabwe (current Constitution)
- Constitution of Zimbabwe (current Constitution)
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a constitutionally legitimate prosecution can be conducted where the State violates a fundamental right","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged torture of applicants by police"}
- {"issue_text":"Whether the violation of rights in this matter warrants a permanent stay of prosecution","issue_type":"constitutional","dispositive":"yes","related_facts":"Pre-trial torture and assault of applicants"}
- {"issue_text":"The remedy available to the applicants under the ubi jus ibi remedium principle","issue_type":"constitutional","dispositive":"no","related_facts":"Constitutional rights violations alleged"}
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background
Facts of the Case
Background
Two sets of applicants sought permanent stays of criminal prosecution alleging they were tortured by police to extract confessions. First set (Makaza & Nhika) alleged assault by police and vigilante group for wearing MDC T-shirts. Second set (Gumbo & Ndachengedzwa) alleged police set dogs on them during investigations. Both sets claimed constitutional violations under former Constitution.
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