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Masvingo High Court

Constable Kanengoni v Trial Officer N.O. [Superintendent Mandigora] and Commissioner General of Police N.O.

HMA 43-18

Case Details

Court
Masvingo High Court
Date
12 September 2018
Citation
HMA 43-18
Neutral Citation
[2018] ZWHMA 43
Outcome
unknown
Case Type
Application

Bench

Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Administrative lawConstitutional lawPolice law
Keywords
Police ActDisciplinary proceedingsDouble prosecutionSection 70(1)(m) ConstitutionSection 278(2) Criminal Law Code
Tags
Police disciplinary proceedingsDouble jeopardyConstitutional rightsDelay in prosecution
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Police Act
  • Police Act
  • Police Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether disciplinary proceedings under Police Act based on same facts as prior criminal acquittal constitute unconstitutional double prosecution under s 70(1)(m) of Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Criminal acquittal on 2015-09-03; disciplinary charges laid on 2017-11-20"}
  • {"issue_text":"Whether delay of two years ten months from alleged offence to disciplinary charge entitles applicant to permanent stay of prosecution","issue_type":"constitutional","dispositive":"yes","related_facts":"Alleged offence 2015-02-20; charges laid 2017-11-20; no explanation for delay"}
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background
Facts of the Case

Background

A police constable sought to permanently stay disciplinary proceedings under the Police Act, arguing he had already been acquitted of rape in criminal court and awarded damages for malicious prosecution, making the disciplinary proceedings unconstitutional double prosecution.
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