Constitutional Court of Zimbabwe

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151 judgments

Citation	Judgment date
March 2012
Mukoko v AG (Constitutional Application 36 of 2009; SC 11 of 2012) [2012] ZWCC 11 (20 March 2012) Pre-charge torture and use of evidence obtained thereby warranted a permanent stay as constitutionally impermissible. Constitutional law – personal liberty, prohibition of torture and inhuman or degrading treatment (ss 13(1), 15(1)) – exclusionary effect: State must not admit or use evidence obtained by torture – burden on accused to prove on balance of probabilities that prosecutor relied on such tainted evidence – remedy: permanent stay where prosecution is direct consequence of prohibited treatment; rule of law (s18(1)).	20 March 2012

Citation

Judgment date

March 2012

Mukoko v AG (Constitutional Application 36 of 2009; SC 11 of 2012) [2012] ZWCC 11 (20 March 2012)

Pre-charge torture and use of evidence obtained thereby warranted a permanent stay as constitutionally impermissible.

Constitutional law – personal liberty, prohibition of torture and inhuman or degrading treatment (ss 13(1), 15(1)) – exclusionary effect: State must not admit or use evidence obtained by torture – burden on accused to prove on balance of probabilities that prosecutor relied on such tainted evidence – remedy: permanent stay where prosecution is direct consequence of prohibited treatment; rule of law (s18(1)).

20 March 2012