MUKOKO v ATTORNEY-GENERAL 2012 (1) ZLR 321 (S)
Citation | 2012 (1) ZLR 321 (S) |
Case No | Judgment No. S-11-12 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Malaba DCJ, Sandura JA, Ziyambi JA & Garwe JA |
Heard | 25 June 2009; CAV |
Judgment | 20 March 2012 * |
Counsel | J J Gauntlett SC, with him Mrs B Mtetwa, for the applicant |
Case Type | Constitutional application |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 13(1) – right to personal liberty – curtailment of right where there is a reasonable suspicion that person has committed an offence – such suspicion based on information obtained from person by use of torture or inhuman treatment – charge and prosecution consequent thereon – such prosecution a breach of s 13(1)
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 15(1) – prohibition against torture or inhuman or degrading punishment or treatment – "torture" – "inhuman treatment" – "degrading treatment" – meaning – absolute nature of prohibition – person subjected to torture and inhuman and degrading treatment before being charged and prosecuted – such person not ipso facto entitled to stay of prosecution – prosecution lawful if based on evidence not obtained in violation of s 15(1) – prosecution not lawful if based solely on evidence obtained in violation of s 15(1) – onus – on whom onus of showing breach of s 15(1) lies – remedies for violation of s 15(1)
Criminal procedure – charge – validity – charge based on evidence obtained in violation of s 15(1) of Constitution – prosecution not lawful
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.