Michael Nyika (2) Crispen Tobaiwa v Minister of Home Affairs (2) Commissioner General of Police (3) Inspector Damburai (4) Lisborne Chibanda

CCZ 5/20

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Case Details

Court

Constitutional Court

Date

14 July 2020

Citation

CCZ 5/20

Neutral Citation

[2020] ZWCCZ 5

Outcome

unknown

Case Type

Application

Bench

Presiding

GARWE JCC

Full Bench

GWAUNZA DCJGARWE JCCMAKARAU JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCBHUNU JCCUCHENA JCC

Areas of Law

Constitutional LawCivil Procedure

Keywords

Section 70 Police ActConstitutional invalidityPrescriptionAccess to courtsReferral procedure

Key Issues

{"issue_text":"Whether the Minister has previously been, and is still properly, cited before this Court as the first respondent and whether this Court is properly seized with that matter","issue_type":"procedural","dispositive":"no","related_facts":"Citation of Ministry vs Minister"}
{"issue_text":"Whether the court a quo had jurisdiction to entertain the constitutional issue raised by the applicants for the first time in supplementary heads of argument filed in the court a quo","issue_type":"procedural","dispositive":"yes","related_facts":"Constitutional challenge raised in ordinary civil proceedings"}

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background

Facts of the Case

Background

Two army members were shot by police in July 2014. They sued for damages in June 2015. Respondents pleaded prescription under s 70 Police Act (8-month limit). Applicants challenged constitutionality of s 70 in supplementary heads. High Court declared s 70 unconstitutional and referred matter to Constitutional Court for confirmation.

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