Judgment No CCZ 4/14 12 Const. Application No SC 207/11 Ors v Minister of Home Affairs & Anor SC 145/04, Jestina Mukoko v The Attorney General SC 11/12. In the Nancy Kachingwe case, this Court declared that the applicants were subjected to inhuman and degrading treatment. It found that the holding cells in which the applicants had been detained overnight at Highlands Police Station and Matapi Police Station, respectively, fell short of the minimum standards of decency. It said at p 10 and 11 of the cyclostyled judgment: “I have no doubt in my mind that the holding cell that the court inspected at Highlands Police Station, the same holding cell in which the Kachingwe was detained overnight, does not comply with elementary norms of human decency, let alone, comply with internationally accepted minimum standards. In particular, the failure: (a) (b) (c) (d) (e) To screen the toilet facility from the rest of the cell to enable inmates to relieve themselves in private; To provide a toilet flushing mechanism from within the cell; To provide toilet paper; To provide a wash – basin; and To provide a sitting platform or bench; constitute inhuman and degrading treatment prohibited in terms of s 15(1) of the Constitution. The evidence clearly establishes that Chibebe was subjected to similar treatment.” The remarks quoted above apply equally to the cells at Harare Central Police Station which were seen by the Court. That there was a sitting platform surrounding the toilet hole and a one metre wall separating the toilet from the rest of the cell is of little significance because there was no door and the one metre wall is inadequate to provide privacy to the users of the toilet. Thus the conditions experienced by the applicants in the Kachingwe case are little or no different from those experienced by the applicants in the instant case. In addition, the applicants shared the cell, which was made to accommodate six people, with thirteen