Judgment No. CCZ 10/14 1
Constitutional Application No. SC 226/10
DISTRIBUTED BY VERITAS
e-mail: veritas@mango.zw; website: www.veritaszim.net
Veritas makes every effort to ensure the provision of reliable information,
but cannot take legal responsibility for information supplied .
REPORTABLE (5)
DOUGLAS
STUART
TAYLOR-FREEME
v
(1)
THE
(2)
SENIOR
THE
MAGISTRATE,
CHINHOYI
ATTORNEY-GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA & CHEDA AJA,
HARARE, JULY 07, 2011 & OCTOBER 8, 2014
A P de Bourbon SC, for the applicant
No appearance for the first respondent
T R Zvekare, for the second respondent
CHIDYAUSIKU CJ:
This application is made in terms of s 24(1) of the
former Constitution of Zimbabwe (hereinafter referred to as “the Constitution”), which
provided:
“24 Enforcement of protective provisions
(1) If any person alleges that the Declaration of Rights has been, is being or is
likely to be contravened in relation to him (or, in the case of a person who is detained,
if any other person alleges such a contravention in relation to the detained person),
then, without prejudice to any other action with respect to the same matter which is
lawfully available, that person (or that other person) may, subject to the provisions of
subsection (3), apply to the Supreme Court for redress.”
The applicant alleges that his rights to protection of the law and a fair trial
guaranteed under ss 18(1) and (2) of the Constitution were violated by the court a quo.