Andrew Makunura v Minister of Home Affairs N.O. and Commissioner General of Police and Agrippa Chinyama N.O. and Attorney-General N.O.

Key Issues

• {"issue_text":"Whether the third defendant confiscated the plaintiff’s driver’s licence at the roadblock on 12 February 2015 to force him to pay a spot fine.","issue_type":"fact","dispositive":"yes","related_facts":"Licence not returned, detention duration, witness credibility, police denial"}
• {"issue_text":"Whether the demand for a spot fine and detention abrogated the plaintiff’s constitutional rights under ss 49, 66, 69, 86(3)(e), and 71 of the Constitution.","issue_type":"constitutional","dispositive":"yes","related_facts":"Detention, licence confiscation, lack of Form 265"}
• {"issue_text":"Whether the plaintiff is entitled to an order compelling the police to cease the practice of detaining motorists and confiscating licences to compel spot fines.","issue_type":"legal","dispositive":"no","related_facts":"No class action, no evidence of widespread practice"}
• {"issue_text":"Whether the plaintiff is entitled to an order for the return of his driver’s licence.","issue_type":"legal","dispositive":"yes","related_facts":"Licence was taken and not returned"}

Background