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MAKONI v COMMISSIONER OF PRISONS & ANOR 2016 (2) ZLR 196 (CC)

2016 (2) ZLR p196

Citation

2016 (2) ZLR 196 (CC)

Case No

Judgment No. CCZ-8-16

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Gwaunza, Garwe, Hlatshwayo, Patel, Mavangira, Bhunu, Uchena JJCC and Chitakunye AJCC

Heard

27 January 2016

Judgment

13 July 2016

Counsel

T Biti, for the applicant
M Chimombe, for the respondents

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – sections 51 and 53 – rights to human dignity and to freedom from torture or cruel, inhuman or degrading treatment or punishment respectively – whether a life sentence without the possibility of parole is a violation of sections 51 and 53.

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 56 – equality and non-discrimination – Prisons Act [Chapter 7:11] – whether provisions thereof providing for parole to prisoners on extended imprisonment but excluding prisoners on life sentences contravene section 56.

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