Judgment No CCZ 4/14 4
Const. Application No SC 207/11
The other three applicants associated themselves with these averments. In
addition, the second applicant alleged that her mobile phone, which she was made to
surrender to the police at the time of her detention by them, had been tampered with.
The applicants claimed that in view of the above, their constitutional right to
protection from torture or to inhuman and degrading treatment or punishment as enshrined in
s 15(1) of the Constitution of Zimbabwe was violated by the respondents.
They alleged also that the failure to make provision for the peculiar needs of
women, for example, sanitary facilities as set out above, amounted to discrimination against
women in violation of s 23 of the Constitution.
In essence, the applicants aver that the circumstances in which they were
detained, as narrated above, deprived them of protection of the law guaranteed in s 18 of the
Constitution, constitute inhuman and degrading treatment prohibited under s 15 of the
Constitution, and amounted to a violation of their right enshrined in s 23 of the Constitution
to be protected from discrimination on the basis of sex. They sought declaraturs to the
effect that their constitutional rights enshrined in those sections of the Constitution had been
violated as well as certain consequential relief.
The respondents opposed the application and relied on the affidavit of the
second respondent. They denied that the conditions in the cells were as deposed to by the
applicants. They averred that it is procedural for detainees to be made to remove some of
their apparel.
This is standard procedure and is provided for by s 41 of the Criminal
Procedure and Evidence Act [Cap 9:01] (“the Act”) as read with Police Standing Orders