MAWERE v MINISTER OF JUSTICE 2008 (2) ZLR 140 (S)

2008 (2) ZLR p140

Flynote

Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 18 – right to protection of the law – administrative decisions – constitutional right to challenge such decisions

Criminal procedure – specification in terms of Prevention of Corruption Act [Chapter 9:16] – whether Minister obliged to notify person affected of his intention to declare him to be a specified person – extra-territoriality of specification – whether Minister entitled to declare non-resident of Zimbabwe to be a specified person – such person having assets and controlling companies within Zimbabwe – Minister entitled to declare him to be a specified person

Practice and procedure – parties – locus standi – fugitive from justice – what must be shown for person to be regarded as fugitive from justice

Practice and procedure – parties – locus standi – person specified in terms of Prevention of Corruption Act [Chapter 9:16] – need for investigator's approval to expend assets – whether person may be prevented from challenging correctness of investigator's decision

Statutes – Prevention of Corruption Act [Chapter 9:16] – s 6 – specification in terms of Act – person affected not a citizen of Zimbabwe – citizenship not necessary for specification of a person – powers of Minister to declare person to be a "specified person" – jurisdictional facts which must exist before a person is so declared – natural justice – person directly affected by impending inquiry – fundamental requirements of natural justice in relation to a specified person

Words and phrases – "fugitive from justice" – meaning of

2008 (2) ZLR p141

Cheda JA