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Constitutional Court
Pitty Mpofu & Anor v The State
CCZ 5/2016
Case Details
Court
Constitutional Court
Date
15 June 2016
Citation
CCZ 5/2016
Neutral Citation
[2016] ZWCCZ 5
Outcome
unknown
Case Type
Application
Bench
Presiding
Chidyausiku CJ
Author
Ziyambi JCC
Full Bench
Chidyausiku CJMalaba DCJZiyambi JCCGwaunza JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCMavangira AJCC
Areas of Law
Constitutional lawCriminal law
Keywords
HIV transmissionDiscriminationRight to protection of lawSection 79 Criminal Law Code
Tags
HIV/AIDSConstitutional challengeCriminal law
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether s 79 of Criminal Law Code is too vague and uncertain, infringing right to protection of law under s 18 of former Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants charged under s 79, claim provision too broad and vague"}
- {"issue_text":"Whether s 79 violates right not to be discriminated against under s 23 of former Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants claim discrimination based on HIV status"}
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background
Facts of the Case
Background
Two applicants charged under s 79 of Criminal Law Code for deliberate transmission of HIV challenged the constitutionality of the provision. First applicant alleged to have infected his wife, second applicant failed to disclose HIV status to husband who later discovered through antenatal card.
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