Roy Leslie Bennett v The Parliament of Zimbabwe and The Commissioner of Prisons and The Minister of Justice, Legal and Parliamentary Affairs

Key Issues

• {"issue_text":"Whether the application satisfies the requirement of urgency","issue_type":"procedural","dispositive":"no","related_facts":"Delay in bringing application after 7 February 2005"}
• {"issue_text":"Whether the Applicant is precluded from bringing this application on the grounds of lis pendens and/or res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous cases HC 11689/04 and HC 11808/04"}
• {"issue_text":"Whether or not the Applicant is entitled to one-third remission of his sentence in terms of section 109 of the Prisons Act","issue_type":"law","dispositive":"yes","related_facts":"Applicant's good conduct in prison"}
• {"issue_text":"The effect of section 63(8) of the Constitution of Zimbabwe on the Applicant's prison term","issue_type":"constitutional","dispositive":"yes","related_facts":"Parliament dissolution on 30 March 2005"}
• {"issue_text":"Whether section 32(2) of the Privileges, Immunities and Powers of Parliament Act operates to expunge the Applicant's prison term upon the dissolution of Parliament","issue_type":"law","dispositive":"yes","related_facts":"Applicant committed under Part V offences"}

Background