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Constitutional Court
Jonathan Nathaniel Moyo v (1) Sergeant Chacha (2) The Zimbabwe Anti-Corruption Commission (3) The Commissioner General of Police, Zimbabwe Republic Police (4) The Prosecutor-General
CCZ 19/17
Case Details
Court
Constitutional Court
Date
20 September 2017
Citation
CCZ 19/17
Neutral Citation
[2017] ZWCCZ 19
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCUchena JCCZiyambi AJCC
Areas of Law
Constitutional LawCriminal Procedure
Keywords
constitutional matterpersonal libertylawful arrestreasonable suspicionsubsidiarityZACC powers
Tags
constitutional jurisdictionright to personal libertyunlawful arrestsubsidiarity principle
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Anti-Corruption Commission Act
- Anti-Corruption Commission Act
- Police Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the Constitutional Court have jurisdiction to determine the lawfulness of an arrest?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant challenged lawfulness of his arrest"}
- {"issue_text":"Did the arrest comply with requirements of lawful arrest under CP&E Act?","issue_type":"mixed","dispositive":"no","related_facts":"Applicant alleged arrest was unlawful"}
- {"issue_text":"Does ZACC have powers of arrest?","issue_type":"legal","dispositive":"no","related_facts":"Applicant arrested by officer seconded to ZACC"}
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background
Facts of the Case
Background
The applicant, a government minister, was arrested by a police officer seconded to ZACC after an interview at ZACC offices. He challenged the lawfulness of his arrest in the Constitutional Court, alleging violations of his constitutional rights to personal liberty and claiming ZACC had no arrest powers.
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