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ZIMBABWE LAW OFFICERS ASSOCIATION & ANOR v NATIONAL PROSECUTING AUTHORITY & ORS 2019 (1) ZLR 323 (CC)

2019 (1) ZLR p323

Citation

2019 (1) ZLR 323 (CC)

Case No

Judgment No. CC-1-19

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi JCC, Gwaunza JCC, Garwe JCC, Gowora JCC, Hlatshwayo JCC, Guvava JCC & Mavangira AJCC

Heard

14 January 2015

Judgment

19 February 2019

Counsel

T Zhuwarara and N. Chamisa, for the applicants
Mrs S Fero, for the first and second respondents
No appearance for the third, fourth and fifth respondents

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – application under s 85 of Constitution – procedural irregularities – when court should nevertheless hear case on merits because of its importance

Constitutional law – Constitution of Zimbabwe 2013 – prohibition against using serving members of security forces in civilian institutions – meaning of civilian institution – National Prosecuting Authority a civilian institution – use of serving members of police service as public prosecutors not permitted except in time of public emergency

Criminal procedure – prosecutor – use of serving members of police service as public prosecutors – not permitted in terms of Constitution

Words and phrases – "civil service" – "civilian"

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