MBWEMBWE & ORS v MKANDLA NO & ANOR 2019 (3) ZLR 583 (S)
Citation | 2019 (3) ZLR 583 (S) |
Case No | Judgment No. S-72-19 |
Court | Supreme Court, Harare |
Judge | Hlatshwayo JA, Bhunu JA & Ziyambi JA |
Heard | 17 November 2017 |
Judgment | 19 September 2019 |
Counsel | N Mugiya, for the appellants |
Case Type | Civil appeal |
Annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right not be tried for offence of which previously acquitted (s 70(1)(m)) – police officers acquitted of crime by criminal court – can still be tried for disciplinary offence under Police Act arising out of same facts – does not amount to double jeopardy
Criminal procedure – plea – autrefois acquit – applicability to disciplinary action arising out of same set of facts – acquittal in criminal court not a bar to disciplinary action
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