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Harare High Court

Roy Leslie Bennett v The Parliament of Zimbabwe

HH 18-2005

Case Details

Court
Harare High Court
Date
18 February 2005
Citation
HH 18-2005
Neutral Citation
[2005] ZWHH 18
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
HUNGWE J
Full Bench
HUNGWE J
Areas of Law
Constitutional lawParliamentary lawAdministrative law
Keywords
Parliamentary privilegeContempt of ParliamentSection 6 certificateConstitutional challengeFair trial rights
Tags
Parliamentary privilegeContempt of ParliamentConstitutional rightsSeparation of powers
legislation
Statutes Cited
  • Privileges, Immunities and Powers of Parliament Act
  • Privileges, Immunities and Powers of Parliament Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court can review parliamentary proceedings where a Speaker's certificate has been issued under section 6(1) of the Privileges, Immunities and Powers of Parliament Act","issue_type":"constitutional","dispositive":"yes","related_facts":"Speaker issued certificate claiming parliamentary privilege"}
  • {"issue_text":"Whether parliamentary contempt proceedings infringe constitutional rights to fair trial under section 18(2) of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Committee had majority of ruling party members alleged to be biased"}
  • {"issue_text":"Whether the applicant should be released pending appeal and constitutional challenge","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant imprisoned for contempt of Parliament"}
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background
Facts of the Case

Background

The applicant, a Member of Parliament, was found guilty of contempt of Parliament and sentenced to 15 months imprisonment with 3 months suspended. He sought release from prison pending appeal and constitutional challenges, arguing that the parliamentary committee was biased and his constitutional rights to a fair trial were infringed.
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