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MBWEMBWE & ORS v MKANDLA NO & ANOR 2019 (3) ZLR 583 (S)

2019 (3) ZLR p583

Citation

2019 (3) ZLR 583 (S)

Case No

Judgment No. S-72-19

Court

Supreme Court, Harare

Judge

Hlatshwayo JA, Bhunu JA & Ziyambi JA

Heard

17 November 2017

Judgment

19 September 2019

Counsel

N Mugiya, for the appellants
N N Muzuva, for the respondents

Case Type

Civil appeal

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right not be tried for offence of which previously acquitted (s 70(1)(m)) – police officers acquitted of crime by criminal court – can still be tried for disciplinary offence under Police Act arising out of same facts – does not amount to double jeopardy

Criminal procedure – plea – autrefois acquit – applicability to disciplinary action arising out of same set of facts – acquittal in criminal court not a bar to disciplinary action

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