Judgment No CCZ 4/14 15
Const. Application No SC 207/11
THE ORDER SOUGHT
The applicants premised their argument on the fact that the conditions
experienced in the Police cells amounted to a violation of their right to the protection of the
law enshrined in s 18. Having found the treatment experienced by the applicants to amount
to a violation of ss 15 and 23 we do not consider it appropriate or necessary to grant the
declaratur sought in this regard.
SEIZURE OF CELLPHONES
The papers establish that personal possessions of detainees are taken on
detention and stored pending their retrieval on the release of the detainee. No breach of an
enshrined right has been shown in this regard. Suffice it to say that a claim for any damages
suffered as a result of such seizure may be made in the appropriate forum.
CONCLUSION
The applicants have established that their rights enshrined in ss 15 and 23 of
the former Constitution of Zimbabwe were violated by the respondents. We consider the
following order to be appropriate.
ORDER
It is declared:
1. That the applicants’ rights in terms of s 23 of the Constitution of Zimbabwe not to
be discriminated against, have been violated.
The applicants’ rights, in terms of s 15 of the Constitution, to protection from
2.
inhuman and degrading treatment have been violated.
Consequently it is ordered that:
3.
The first and second respondents are directed to take all necessary steps and
measures within their power to ensure that at Harare Central Police Station:
Select target paragraph3
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