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Constitutional Court

Zimbabwe Law Officers Association & Anor v National Prosecuting Authority & 4 Ors

Judgment No. CCZ 1/19

Case Details

Court
Constitutional Court
Date
19 February 2019
Citation
Judgment No. CCZ 1/19
Neutral Citation
[2019] ZWCCZ 1
Judgment No.
CCZ 1/19
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Author
GUVAVA JCC
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional LawAdministrative Law
Keywords
Section 208(4)Security servicesProsecutorsCivilian institutionsFair trial
Tags
Prosecutorial independenceSecurity servicesFair trial rights
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Criminal Law (Codification and Reform) Act [Chapter 9:23]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the employment of serving members of security services as prosecutors violates Section 208(4) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Employment of security members in NPA"}
  • {"issue_text":"Whether the applicants have standing to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are prosecutors, not accused persons"}
  • {"issue_text":"Whether the NPA is a civilian institution","issue_type":"law","dispositive":"yes","related_facts":"NPA's status under Constitution"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants challenged the employment of serving members of security services as prosecutors by the National Prosecuting Authority, alleging it violates constitutional provisions regarding civilian institutions and the right to a fair trial. The respondents argued the NPA is sui generis and not prohibited by Section 208(4).
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