MAPINGURE v MINISTER OF HOME AFFAIRS & ORS 2014 (1) ZLR 369 (S)

Flynote

C Damages — delictual — assessment — loss resulting from unwanted pregnancy — losses for which compensation payable

Delict — actio legis Aquilae — liability — omissions — when omissions or failure to act may give rise to liability — police — when duty to protect and assist arises — victim of rape — duty to assist victim to prevent pregnancy arising from rape — negligence — professional negligence — medical practitioner — when may be held liable — failure without good reason to administer drug to prevent pregnancy following rape — practitioner liable for consequent pregnancy

E Human rights — rights of women — elimination of violence against women — international instruments to which Zimbabwe a party — application of — police failing to assist victim of rape — use of such instruments in deciding whether police under a duty to act

Statutes — Termination of Pregnancy Act [Chapter 15:10] — pregnancy resulting from unlawful intercourse — procedure to be followed by woman concerned — need for her to initiate proceedings by lodging complaint — subsequent roles of prosecutor, police and magistrate