Judgment No CCZ 4/14 13
Const. Application No SC 207/11
others. It was not denied that no drinking water was available to the applicants. However,
even assuming that the tap in the cell was meant to be the source of drinking water for the
occupants of the cell, the implications arising from the fact that the tap was positioned
directly above, and emptied into, the toilet which could only be flushed from without, are too
ghastly to contemplate.
The applicants in Kachingwe’s case were detained for one night. The position
in respect of the applicants is aggravating in that they were detained in such degrading
conditions for four days and forced to rely on relatives for food and drinking water.
Detention for four or five nights in the conditions described by the applicants in my view
constitutes a gross violation of the applicants’ right not to be subjected to inhuman and
degrading treatment. Accordingly, I find that the applicants were detained in conditions that
constitute inhuman and degrading treatment in violation of their right enshrined in s 15 of the
Constitution.
REMOVAL OF BRASSIERES
The applicants averred that their brassieres are items of intimate underclothing
and being forced to remove them was inhuman and degrading. The respondents could only
submit in reply that in some cultures women go about bare breasted. However, it would seem
to me that the applicants are in a better position to comment on this issue. They have said
how humiliated they felt not only by being made to remove what were personal underclothing
but also by being forced to place them in a dirty bag.
The question then is posed: Are these measures reasonably necessary to
prevent the applicants’ escape from custody? Surely not. Further, such treatment cannot be