BENNETT v MNANGAGWA NO & ORS 2006 (1) ZLR 218 (S)

Flynote

Flynote

Constitutional law — Constitution of Zimbabwe, 1980 — s 15(1) — inhuman or degrading punishment — imposition of a sentence which is grossly disproportionate to the transgression — violation of s 15(1) because it is inhuman or degrading — member of Parliament being imprisoned for serious instance of contempt of Parliament — punishment not close to maximum permissible — not grossly disproportionate

Constitutional law — Constitution of Zimbabwe, 1980 — s 18 — entitlement to a fair hearing by an independent and impartial court — provisions do not apply to Parliament sitting as a court

Constitutional law — Constitution of Zimbabwe, 1980 — s 23 — Parliament sitting as a court — inference of racism by a witness — not to be attributed to Parliament itself or any committee thereof

Constitutional law — Constitution of Zimbabwe, 1980 — ss 49 and 13(2) and (6) — Parliament authorised to make laws which provide for past acts of contempt of Parliament

Constitutional law — Parliament — Parliament sitting as a court to G adjudicate on matter of privilege or contempt — not sitting as court of law and not bound to follow procedures of court of law — sentence passed by Parliament — imposition of custodial sentence — common assault — fifteen months' imprisonment of which three months suspended on conditions — whether such a sentence is grossly disproportionate to the offence — factors to be taken into account in a consideration

A thereof

Statutes — Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] — not ultra vires the Constitution