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Constitutional Court
Cuthbert Tapuwanashe Chawira & 13 Ors v Minister of Justice Legal and Parliamentary Affairs & 2 Ors
[2017] ZWCCZ 3
Case Details
Court
Constitutional Court
Date
20 March 2017
Citation
[2017] ZWCCZ 3
Judgment No.
CCZ 3/2017
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba DCJ
Author
Bhunu CCJ
Full Bench
Malaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCBhunu JCCUchena JCC
Areas of Law
Constitutional lawHuman rights law
Keywords
death rowcruel and inhuman treatmentright to human dignityconstitutional jurisdiction
Tags
death penaltyhuman rightsconstitutional rights
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Constitutional Court has jurisdiction to grant the order requested and whether the issues are ripe for determination","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants have not exhausted alternative remedies"}
- {"issue_text":"Whether delay in executing death sentences violates constitutional rights under sections 51 and 53","issue_type":"constitutional","dispositive":"no","related_facts":"Prolonged incarceration on death row for 2-18 years"}
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background
Facts of the Case
Background
Fifteen condemned prisoners on death row for periods ranging from 2 to 18 years approached the Constitutional Court alleging that the prolonged delay in executing their death sentences violated their constitutional rights to human dignity and freedom from cruel, inhuman or degrading treatment under sections 51 and 53 of the Constitution.
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