MAPINGURE v MINISTER OF HOME AFFAIRS & ORS 2014 (1) ZLR 369 (S)

2014 (1) ZLR p369

Flynote

Damages – delictual – assessment – loss resulting from unwanted pregnancy – losses for which compensation payable

Delict – actio legis Aquiliae – liability – omissions – when omissions or failure to act may give rise to liability – police – when duty to protect and assist arises – victim of rape – duty to assist victim to prevent pregnancy arising from rape – negligence – professional negligence – medical practitioner – when may be held liable – failure without good reason to administer drug to prevent pregnancy following rape – practitioner liable for consequent pregnancy

Human rights – rights of women – elimination of violence against women – international instruments to which Zimbabwe a party – application of – police failing to assist victim of rape – use of such instruments in deciding whether police under a duty to act

Statutes – Termination of Pregnancy Act [Chapter 15:10] – pregnancy resulting from unlawful intercourse – procedure to be followed by woman concerned – need for her to initiate proceedings by lodging complaint – subsequent roles of prosecutor, police and magistrate