NKOMO & ANOR v ATTORNEY-GENERAL & ORS 1993 (2) ZLR 422 (S)
Citation | 1993 (2) ZLR 422 (S) |
Case No | Details not supplied |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, McNally JA, Korsah JA, Ebrahim JA & Muchechetere JA |
Heard | 10 & 19 November 1993 |
Judgment | 10 December 1993 |
Counsel | A P de Bourbon SC for the applicants (at the request of the court) |
Case Type | Details not supplied |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 15(1) — protection against inhuman or degrading punishment or treatment — delay in carrying out death sentence — whether amendment to Constitution providing that delay does not constitute inhuman or degrading punishment precludes relief to prevent execution
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights -s 24 — application to Supreme Court to grant stay of execution on constitutional grounds — application to Executive for clemency pending -jurisdiction of court not ousted
Constitutional law — Constitution of Zimbabwe 1980 — s 31I — prerogative of mercy — application for — does not prevent application to Supreme Court under s 24
Constitutional law — Constitution of Zimbabwe 1980 — amendment — procedure for — insufficient members voting on amendment — further vote being taken when error noted — effect
Interpretation of statutes -presumption -against retrospective operation -existing rights secured by litis contestatio -retrospective legislation presumed not to affect existing rights
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