WILLIAMS & ANOR v MSIPHA NO & ORS 2010 (2) ZLR 552 (H)

2010 (2) ZLR p552

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 13 — protection of right to liberty — deprivation of liberty on reasonable suspicion of having committed an offence — need for State to show that conduct alleged would constitute offence charged — only then can question be determined of whether facts give rise to reasonable suspicion

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(2) — application to refer allege breach of constitutional right to Supreme Court — only grounds on which such application may be refused — need to form opinion that application "frivolous" or "vexatious" — such an extraordinary remedy to be used only in clear and exceptional cases

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(2) — application to refer allege breach of constitutional right to Supreme Court — Supreme Court's powers under subsection — court having power to make any order appropriate to secure or enforce impugned right-power includes grant of interlocutory relief or any other order which would prevent substantial prejudice and injustice pending resolution by the court of the constitutional issue — court's power to control its own process — includes power to prevent of execution of a judgment pending hearing of an application

Criminal law — offences under Criminal Law Code — s 37(1) (a) (i) — acting with intent to disturb the peace, security or order of the public — what provision is aiming at — provision not intended' to prevent public gatherings

2010 (2) ZLR p553

Criminal procedure — remand — requirements for — need for court to be satisfied that facts alleged constitute offence charged — need for court to have reasonable suspicion that accused committed offence

Words and phrases — "frivolous" — "vexatious"