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Constitutional Court
Kisimusi Emmanuel Dhlhamini & 6 Ors v The State
CCZ 1/2014
Case Details
Court
Constitutional Court
Date
17 March 2014
Citation
CCZ 1/2014
Neutral Citation
[2014] ZWCCZ 1
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGARWE JACHEDA AJA
Areas of Law
Constitutional LawCriminal LawHuman Rights Law
Keywords
abductiontorturefundamental rightsconstitutional referralpersonal libertyinhuman treatmentprotection of law
Tags
constitutional referralcriminal proceedingsfundamental rightsabductiontorture
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court's referral of questions of alleged constitutional violations to the Supreme Court under s 24(2) was competent","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"The referral was made after the magistrate had already decided to place applicants on remand"}
- {"issue_text":"Whether the applicants' rights under ss 13(1), 15(1) and 18(1) of the Constitution were violated","issue_type":"constitutional","dispositive":"no","related_facts":"Allegations of abduction, torture and incommunicado detention"}
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background
Facts of the Case
Background
Seven applicants alleged they were abducted by State security agents between November and December 2008, detained incommunicado at Goromonzi Prison where they were tortured, and subsequently charged with insurgency and related offences. They challenged their remand and sought constitutional relief for violations of their fundamental rights.
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