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Harare High Court
Assistant Inspector Mbwembwe 053020E & 3 Ors v The Trial Officer (Superintendent Mkandla) & The Commissioner General of Police
HH 458-17
Case Details
Court
Harare High Court
Date
19 July 2017
Citation
HH 458-17
Neutral Citation
[2017] ZWHH 458
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Administrative LawConstitutional LawPolice Disciplinary Law
Keywords
double jeopardypolice disciplineconstitutional protectioncriminal jurisdictiondisciplinary proceedings
Tags
police disciplinary proceedingsdouble jeopardyconstitutional rights
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Police Act
- Police Act
- Police Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether disciplinary proceedings against police officers under the Police Act constitute criminal proceedings for purposes of double jeopardy protection","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants charged both disciplinarily and criminally for same conduct; acquitted of criminal charges"}
- {"issue_text":"Whether section 70(m) of the Constitution protects against disciplinary proceedings after criminal acquittal","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants acquitted of criminal charges; subjected to disciplinary proceedings"}
- {"issue_text":"Whether section 278 of the Criminal Code violates constitutional protection against double jeopardy","issue_type":"constitutional","dispositive":"no","related_facts":"Section 278 allows both criminal and disciplinary proceedings"}
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background
Facts of the Case
Background
Four police officers who had been charged with theft and fraud under criminal law were subsequently subjected to internal disciplinary proceedings under the Police Act for acting in an unbecoming manner. After being acquitted of the criminal charges, they sought a declaratur that the disciplinary conviction was unlawful and constituted double jeopardy.
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