Judgment No. CCZ 3 /13 1
Constitutional Application No. CCZ 287/12
REPORTABLE (2)
DOUGLAS
MUZANENHAMO
v
(1) OFFICER IN CHARGE CID LAW AND ORDER
(2) OFFICER COMMANDING HARARE CENTRAL DISTRICT
(3) COMMISSIONER GENERAL OF POLICE
(4) CO-MINISTERS OF HOME AFFAIRS
(5) OFFICER IN CHARGE HARARE CENTRAL PRISON
(6) COMMISSIONER GENERAL OF PRISONS
(7) MINISTER OF JUSTICE AND LEGAL AFFAIRS
(8) ATTORNEY - GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA,
GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA,
CHIWESHE AJA & GUVAVA AJA
HARARE, MAY 24 & NOVEMBER 14, 2013
Z.T. Chadambuka & D. Chimbwe & M.T. Zhuwarara, for the applicant
T. Dodo & C. Chimombe, for the respondent
PATEL JA:
This is an application under s 24(1) of the former
Constitution for declaratory and consequential relief pursuant to the Declaration of Rights
enshrined in that Constitution. The applicant in this matter is HIV positive. He started
his anti-retroviral treatment in 2003. On 19 of February 2011, he was arrested at a
meeting held to commemorate an AIDS activist. On the day of his arrest he was detained
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