Nyika & Anor v Minister of Home Affairs & 2 Ors (HH 181-16)

MICHAEL NYIKA
and
CRISPEN TOBAIWA
versus
MINISTER OF HOME AFFAIRS
and
COMMISSIONER GENERAL, POLICE N.O
and
INSPECTOR DAMBURAI
and
CONSTABLE LISBORNE CHIBANDA

HIGH COURT OF ZIMBABWE
TSANGA J

HARARE, 17 November 2015 & 9 March 2016

OPPOSED APPLICATION
T Biti, for the applicants
D Mambo, for respondents

TSANGA J: This opposed application is brought as a constitutional challenge to the eight month time limit for suing the police as stipulated in s 70 of the Police Act [Chapter 11:10]. The time limit is said to be unconstitutional in that it violates s 69(2) of the Constitution of Zimbabwe3 which relates to the right to a fair, speedy and public hearing within a reasonable time. It is also said to be a violation of s56 (1) of the Constitution which guarantees equality before the law and the right to equal protection and benefit of the law. The application is opposed by the Civil Division on behalf of the respondents on the basis that the time frame provided has valid justifications, more so when examined from the prism of the nature of their work.

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