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Harare High Court
David Chamanga v Minister of Home Affairs and Culture and Heritage and The Commissioner General of Police and Officer in Charge Mutoko CID and Sergeant Mafa
HH 27-21
Case Details
Court
Harare High Court
Date
13 January 2021
Citation
HH 27-21
Neutral Citation
[2021] ZWHH 27
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
DelictConstitutional lawPolice law
Keywords
Constitutional damagesPrescriptionPolice ActFailure to investigate
Tags
Constitutional damagesPolice misconductFailure to investigate
legislation
Statutes Cited
- Police Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim has prescribed due to failure to comply with section 70 of the Police Act","issue_type":"procedural","dispositive":"yes","related_facts":"Claim filed 15 months after cause of action arose"}
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background
Facts of the Case
Background
The plaintiff, a member of the MDC opposition party, alleged that his property was destroyed in 2013 and again in August 2018 due to his political affiliation. He reported both incidents to police but claimed no effective investigations were carried out. He issued summons in November 2019 claiming constitutional damages for failure to investigate, 15 months after the 2018 incident.
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