A landmark judgment handed down yesterday by the Constitutional Court declaring it unconstitutional for inmates to serve life imprisonment without any possibility of parole or release on licence. Background The parole system allows the Minister of Justice, on the advice of a Board, to grant prisoners early release from prison before they have fully served […]
https://tbitilaw.com/wp-content/uploads/2016/02/logo.jpg00Tawanda Bhttps://tbitilaw.com/wp-content/uploads/2016/02/logo.jpgTawanda B2016-07-14 10:14:562016-07-15 05:59:15Life prisoners now eligible for parole
Constitutional law, MR L T Biti for the applicant. The applicant, a woman, enrolled for a 3 year teacher training course at a college run by a church. Before entering, she signed a contract in which it was agreed that she would be withdrawn from the course if she became pregnant. After she had been […]
Mr LT Biti for the respondent – constitutional law, declaration of rights women rights. The respondent was a student at teacher training college run by a church. Signed a contract upon entering the college, agreeing that if she became pregnant she would be withdrawn from the course. She married under customary law and latter became […]
https://tbitilaw.com/wp-content/uploads/2016/02/logo.jpg00Maita Khttps://tbitilaw.com/wp-content/uploads/2016/02/logo.jpgMaita K2016-04-20 12:27:342016-04-20 12:27:34Chaduka NO & ANOR v Mandizvidza 2002 (1) ZLR 72 (S)
Mr Biti was an applicant in this matter with A P de Bourbon standing for him. — this was a conditional law case — Parliament — Standing orders.The applicants applied to the Supreme Court in terms of s 24 of the constitution of a declaration that a bill, subsequently promulgated as an Act, had not […]
Mr Biti was an applicant in this matter. constitutional court. Section 24 of the Public Order and Security Act [Chapter 11:17] which requires organizers of public gatherings to give four day’s notice of their gatherings to the police infringes the rights of freedom of expression and freedom of assembly, but does not do so arbitrarily […]
https://tbitilaw.com/wp-content/uploads/2016/02/logo.jpg00Maita Khttps://tbitilaw.com/wp-content/uploads/2016/02/logo.jpgMaita K2016-04-20 12:23:092016-04-20 12:23:09Biti & Anor v Ministry of Home affairs & anor 2002 (1) ZLR 197 (S)
Mr LT Biti for the appellant – constitutional law protection against acquisition without compensation. The appellant a public servant had been the subject of disciplinary proceedings. He had been discharged from the public service. His discharge was set aside by the Supreme Court and the matter remitted for hearing by a different magistrate. In terms […]
https://tbitilaw.com/wp-content/uploads/2016/02/logo.jpg00Maita Khttps://tbitilaw.com/wp-content/uploads/2016/02/logo.jpgMaita K2016-04-20 12:16:442016-04-20 12:21:39Nhari v Public Service Commission 2001 (2) ZLR 535 (S)
Mr LT Biti for the applicant. By Proclamation 7 of 1999, the President set up a Constitutional Reform Commission in terms of the Commissions of Inquiry Act [Chapter 10:07}. Its mandate was to seek the views of the people of Zimbabwe and produce a draft constitution. The commission consisted of some 400 people was was […]
Mr L T Biti for the applicant – matter in the supreme court a constitutional application on s22 right to reside in zimbabwe. The applicant was a citizen of Zimbabwe. She had married a lebanese man. Before coming to Zimbabwe, he had been convicted of murder in lebanon and served a term of imprisonment […]
Mr Biti for the applicant – The rules of a teacher training college provided that a student who is pregnant during her course would be required to withdraw from the course. The applicant a married woman, had become pregnant during the the last year of her course.She had given birth about a month before she […]
https://tbitilaw.com/wp-content/uploads/2016/02/logo.jpg00Maita Khttps://tbitilaw.com/wp-content/uploads/2016/02/logo.jpgMaita K2016-04-19 19:36:442016-04-19 19:36:44Wazara v Principal, Belvedere technical teachers college and anor
Supreme Court of Harare This judgment held that in cases where credibility is an issue and there is material evidence. Credibility cannot be measured by demeanour, it can only be measured by comparing the testimony with the real evidence.
Life prisoners now eligible for parole
/in Constitutional, News /by Tawanda BA landmark judgment handed down yesterday by the Constitutional Court declaring it unconstitutional for inmates to serve life imprisonment without any possibility of parole or release on licence. Background The parole system allows the Minister of Justice, on the advice of a Board, to grant prisoners early release from prison before they have fully served […]
Mandizvidza v Chaduka No & ORS 1999 (2) ZLR 375 (H)
/0 Comments/in Constitutional /by Maita KConstitutional law, MR L T Biti for the applicant. The applicant, a woman, enrolled for a 3 year teacher training course at a college run by a church. Before entering, she signed a contract in which it was agreed that she would be withdrawn from the course if she became pregnant. After she had been […]
Chaduka NO & ANOR v Mandizvidza 2002 (1) ZLR 72 (S)
/0 Comments/in Constitutional /by Maita KMr LT Biti for the respondent – constitutional law, declaration of rights women rights. The respondent was a student at teacher training college run by a church. Signed a contract upon entering the college, agreeing that if she became pregnant she would be withdrawn from the course. She married under customary law and latter became […]
Biti & Anor v Ministry of Justice, Legal & Parliamentary Affairs & Anor 2002 (1) ZLR 177 (S)
/0 Comments/in Constitutional /by Maita KMr Biti was an applicant in this matter with A P de Bourbon standing for him. — this was a conditional law case — Parliament — Standing orders.The applicants applied to the Supreme Court in terms of s 24 of the constitution of a declaration that a bill, subsequently promulgated as an Act, had not […]
Biti & Anor v Ministry of Home affairs & anor 2002 (1) ZLR 197 (S)
/0 Comments/in Constitutional /by Maita KMr Biti was an applicant in this matter. constitutional court. Section 24 of the Public Order and Security Act [Chapter 11:17] which requires organizers of public gatherings to give four day’s notice of their gatherings to the police infringes the rights of freedom of expression and freedom of assembly, but does not do so arbitrarily […]
Nhari v Public Service Commission 2001 (2) ZLR 535 (S)
/0 Comments/in Constitutional /by Maita KMr LT Biti for the appellant – constitutional law protection against acquisition without compensation. The appellant a public servant had been the subject of disciplinary proceedings. He had been discharged from the public service. His discharge was set aside by the Supreme Court and the matter remitted for hearing by a different magistrate. In terms […]
Mushayakarara & ANOR V Chidyausiku NO & ORS 2000 (1) ZLR 227 (H)
/0 Comments/in Constitutional /by Maita KMr LT Biti for the applicant. By Proclamation 7 of 1999, the President set up a Constitutional Reform Commission in terms of the Commissions of Inquiry Act [Chapter 10:07}. Its mandate was to seek the views of the people of Zimbabwe and produce a draft constitution. The commission consisted of some 400 people was was […]
==> Kenderjian v Chief Immigration officer 2000 (1) ZLR 697 (s)
/0 Comments/in Constitutional /by Maita KMr L T Biti for the applicant – matter in the supreme court a constitutional application on s22 right to reside in zimbabwe. The applicant was a citizen of Zimbabwe. She had married a lebanese man. Before coming to Zimbabwe, he had been convicted of murder in lebanon and served a term of imprisonment […]
Wazara v Principal, Belvedere technical teachers college and anor
/0 Comments/in Constitutional /by Maita KMr Biti for the applicant – The rules of a teacher training college provided that a student who is pregnant during her course would be required to withdraw from the course. The applicant a married woman, had become pregnant during the the last year of her course.She had given birth about a month before she […]
Matambo v Mutsago 1996 (1) ZLR 101 (S)
/in Constitutional /by Maita KSupreme Court of Harare This judgment held that in cases where credibility is an issue and there is material evidence. Credibility cannot be measured by demeanour, it can only be measured by comparing the testimony with the real evidence.