of movement and freedom to choose one’s residence for those ‘lawfully’
within the territory of a State. Further, Article 12 of the African Charter
on Human and People’s Rights guarantees that every individual shall
have the right to freedom of movement within the borders of their own
state so long as they abide by the state's laws.
11.3
The aforementioned provisions clearly show that every human being has
the right to freedom of movement. In the present case, the complainant
is in hiding and is scared to go back to his home. This is in direct violation
of his constitutional right to move freely within Zimbabwe and to reside
in his chosen home area.
12.
Whether there was maladministration in the manner in which the police
conducted their public duties?
12.1
Section 68 (1) of the Constitution provides that:
“Every person has the right to administrative conduct that is
lawful, prompt, efficient, proportionate, impartial and both
substantively and procedurally fair.”
12.2
In the present case, the police failed to provide the victim conduct that is
impartial, lawful, efficient, substantively and procedurally fair. The
police’s failure to attend to the victim and their act of referring him from
one officer to another amounts to conduct that is inefficient. Further, the
police’s statement that the victim’s matter could not be handled (by the
ZRP) because it was ‘sensitive’ and their failure to lodge the victim’s
brother’s complaint is a violation of the aforesaid provision. In addition,
Dhowa’s conduct of keeping the victim without informing the
investigating officer also was in violation of section 68. Gono’s conduct
of ‘providing logistical assistance’ on a police matter, whether in his
personal or official capacity, and Dhowa’s acceptance of such
‘assistance’ amounts to unprocedural and improper conduct on his part
and Dhowa’s part.
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