PARADZA v MINISTER OF JUSTICE & ORS 2012 (1) ZLR 1 (S)
Citation | 2012 (1) ZLR 1 (S) |
Case No | Judgment No. S-46-03 |
Court | Supreme Court, Harare |
Judge | Sandura JA, Ziyambi JA, Malaba JA, Gwaunza JA & Uchena AJA |
Heard | 3 September 2003 * |
Judgment | 3 September 2003 |
Counsel | J J Gauntlett SC, with him Mrs J B Wood and J Samukange, for the applicant |
Case Type | Constitutional application |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 13 and 18 – right to liberty and to protection of the law – arrest on reasonable suspicion of having committed an offence – discretion reposed in arresting officer – unreasonable exercise of discretion a breach of arrested person's constitutional rights
Constitutional law – Constitution of Zimbabwe 1980 – Attorney-General – power to institute prosecution – accused person a member of the judiciary – Attorney-General not precluded from bringing prosecution before procedure for removal of judge completed – Constitution of Zimbabwe 1980 – ss 76(4)(a) and 76(7)
Constitutional law – Constitution of Zimbabwe 1980 – judiciary – independence of – meaning of and limitations on – judge accused of criminal conduct not associated with his adjudication of a case – not entitled to insist that procedure for removal of judge be completed before criminal proceedings may be instituted – Constitution of Zimbabwe 1980 – ss 79B & 87
Court – judge – independence of – meaning of and limitations on – judge accused of criminal conduct not associated with his adjudication of a case – not entitled to insist that procedure for removal of judge be completed before criminal proceedings may be instituted
Words and phrases – "misbehaviour" – includes criminal misconduct
Sandura JA
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