MUKOKO v ATTORNEY-GENERAL 2012 (1) ZLR 321 (S)
Citation  | 2012 (1) ZLR 321 (S)  | 
Case No  | Judgment No. S-11-12  | 
Court  | Supreme Court, Harare  | 
Judge  | Chidyausiku CJ, Malaba DCJ, Sandura JA, Ziyambi JA & Garwe JA  | 
Heard  | 25 June 2009; CAV  | 
Judgment  | 20 March 2012 * | 
Counsel  | J J Gauntlett SC, with him Mrs B Mtetwa, for the applicant  | 
Case Type  | Constitutional application  | 
Annotations  | Link to case annotations  | 
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 13(1) – right to personal liberty – curtailment of right where there is a reasonable suspicion that person has committed an offence – such suspicion based on information obtained from person by use of torture or inhuman treatment – charge and prosecution consequent thereon – such prosecution a breach of s 13(1)
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 15(1) – prohibition against torture or inhuman or degrading punishment or treatment – "torture" – "inhuman treatment" – "degrading treatment" – meaning – absolute nature of prohibition – person subjected to torture and inhuman and degrading treatment before being charged and prosecuted – such person not ipso facto entitled to stay of prosecution – prosecution lawful if based on evidence not obtained in violation of s 15(1) – prosecution not lawful if based solely on evidence obtained in violation of s 15(1) – onus – on whom onus of showing breach of s 15(1) lies – remedies for violation of s 15(1)
Criminal procedure – charge – validity – charge based on evidence obtained in violation of s 15(1) of Constitution – prosecution not lawful
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