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Bulawayo High Court
Ricky Nathanson v Farai Mteliso & 3 Ors
HB 176/19
Case Details
Court
Bulawayo High Court
Date
14 November 2019
Citation
HB 176/19
Neutral Citation
[2019] ZWHB 176
Outcome
unknown
Case Type
Trial
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Delictual liabilityConstitutional lawHuman rightsCivil procedure
Keywords
TransgenderUnlawful arrestMalicious prosecutionGender verificationConstitutional rightsDamages
Tags
Unlawful arrestMalicious prosecutionTransgender rightsConstitutional rightsDamages
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff was unlawfully arrested and maliciously prosecuted","issue_type":"mixed","dispositive":"yes","related_facts":"Arrest without warrant, no clear offence identified"}
- {"issue_text":"Whether the plaintiff was subjected to inhuman and degrading treatment","issue_type":"constitutional","dispositive":"yes","related_facts":"Forced genital examinations, humiliating conditions of detention"}
- {"issue_text":"Whether the plaintiff is entitled to damages for the violations suffered","issue_type":"law","dispositive":"yes","related_facts":"Unlawful arrest, malicious prosecution, emotional distress"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiff, a transgender woman, was unlawfully arrested and subjected to invasive gender verification examinations by police after refusing to pay $20 to the first defendant at a hotel. She was detained for three days, prosecuted for criminal nuisance, and subjected to humiliating treatment including forced genital examinations by police and medical personnel without consent.
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