BENNETT v PARLIAMENT OF ZIMBABWE & ORS 2005 (1) ZLR 210 (H)

Flynote

Administrative law — discretion — exercise of — prison authorities — discretion to grant remission of sentence — discretion must be exercised fairly and reasonably

Constitution — Constitution of Zimbabwe 1980 — s 63(8) — committal to prison of a member of parliament by Parliament sitting as a court — upon committal the matter is duly concluded — matter does not lapseupon the dissolution of Parliament

Criminal procedure (sentence) — general principles — imprisonment — remission of sentence — discretion vested in prison authorities — prisoner not entitled to remission as a matter of course

Prisons — sentence — remission of — grant of remission of sentence — discretion vested in prison authorities — discretion must be exercised fairly and reasonably

Statutes — Prison Acts [Chapter 7:11] — s 109(1) — member of Parliament entitled to be considered for remission of sentence in terms thereof

Statutes — Privileges, Immunities and Powers of Parliament Act [Chapter F 2:08] — Parliament sitting as a court — Part V of the Act — sentence of member to a term of imprisonment beyond current session of Parliament — special provision of Part V of the Act override s 32(2) thereof