Judgment No. CCZ 11/15 1
Const. Application No. CCZ 28/11
REPORTABLE
(69)
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ARTHUR
MUTAMBARA
vs
1.
THE ATTORNEY GENERAL OF ZIMBABWE
2.
COMMISSIONER GENERAL OF POLICE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC,
GWAUNZA JCC, GARWE JCC, GOWORA JCC,
HLATSHWAYO JCC, GUVAVA JCC & MAVANGIRA AJCC
HARARE, 14 MAY 2014 & NOVEMBER 18, 2015
Z. T. Chadambuka, for the applicant
S. Fero, for the 1st respondent
No appearance for the 2nd respondent
GWAUNZA JA:
This application followed a referral of the matter to this
Court by the Magistrates Court in terms of s 24 (2) of the former Constitution of Zimbabwe
(“the old Constitution”).
The applicant sought an order declaring s 31 (a) (iii) of the Criminal Law
(Codification and Reform) Act, (Chapter 9:23) (“the Code,”) and his arrest in terms of that
section, to be in violation of the Constitution, hence null and void. The applicant sought a