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Harare High Court

Albert Mugove Matapo v Commander of the Zimbabwe National Army

HH 11-2008

Case Details

Court
Harare High Court
Date
20 February 2008
Citation
HH 11-2008
Neutral Citation
[2008] ZWHH 11
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Hungwé J
Full Bench
Hungwé J
Areas of Law
Constitutional LawMilitary LawAdministrative Law
Keywords
Court MartialJurisdictionDesertionDefence ActConstitutional Rights
Tags
Military LawCourt Martial JurisdictionConstitutional Rights
legislation
Statutes Cited
  • Constitution of the Republic of Zimbabwe
  • Defence Act
  • Defence (Regular Force) (Non-Commissioned Members) Regulations
  • Section 2(1): Defined "member" to include anyone attested in the Regular Force
  • Section 19(2): Required formal resignation process with Commander's approval
  • {'verbatim': None}
  • "Section 2(1): 'member' means a non-commissioned, officer, soldier or airman attested in the Regular Force"
  • "Section 19(2): any member may, with the consent of the Commander, resign during his period of engagement if two conditions are met"
  • "Section 20: Commander is enjoined to issue a certificate setting forth the member's name and service number..."
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the General Courts Martial has jurisdiction over the applicant","issue_type":"law","dispositive":"yes","related_facts":"Applicant's alleged resignation, army's claim he never resigned, his status as army member"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Applicant Albert Mugove Matapo was arrested by army officers in May 2007 and faced court martial proceedings for desertion. He claimed he never properly joined the Zimbabwe National Army, having only completed three months of training in 1989-1990 before resigning. The army maintained he was still a member who never properly resigned and had been placed on AWOL list.
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