KACHINGWE & ORS v MINISTER OF HOME AFFAIRS & ANOR 2005 (2) ZLR 12 (S)

2005 (2) ZLR p12

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 15(1) — applicability — application under s 24(1) — applicant not a citizen – applicant entitled to protection of section

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 15(1) — protection against inhuman or degrading punishment or treatment — detention in police holding cells — cells not complying with elementary norms of human decency — detention in such cells constituting inhuman or degrading treatment

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(1) — application under — relief sought by applicant — what relief applicant entitled to — interest that must be shown in relief sought — failure by applicant to seek a declaratur that rights had been violated — court's power under s 24(4) to address applicant's complaint

Human rights – international human rights instruments signed by Zimbabwe — whether such instruments are part of the law of Zimbabwe

Police — standing orders — breach of — standing orders regarding treatment of prisoners at police stations — review matter rather than a constitutional issue

Practice and procedure — parties — locus standi — need to establish "sufficient interest"— what amounts to sufficient interest