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PR
African Commission on
Human and Peoples' flights
,.~..
____
Human Rights our
Collective Responsibility
'
Supreme Court of Zimbabwe in Roy Lejslie Bennett v Emmerson Dambudo
Mnangagwa and 6 others, wherein the court noted that Parliament is separate
and distinct entity from ZANU PF.44
I
I
135. The Respondent State submits that in ' determining the appropriate
sentence, the Privileges Committee struck a proper balance between the
aggravating and mitigating factors. It subbits that pursuant to section 21 of
the Privileges, Immunities and Powers of Parliament Act, Parliament may
either impose a level seven (7) fine or imprisonment up to two (2) years, and
in accord~nce ~ith secti~ns 16(1) and 3 o~~he Act, impose any penalty which
was not inconsistent with sentences which the Hous
Commons of the
Parliament of the United Kingdom could irhpose Af A"'" 980.
136. The Respondent State submits that !I;t", cons
p~~s~ent,
the majority of the mem?~;Js(;5f"~~~0
~o
.
.
VIctim s conduct was the worst atta~kz8,~.\the d~,g).1.Ity
0
'f~harnent m the
history of Zimbabwe; assaulting an ther Nr~¥}perJ~fParlia ;iij3yiWOrSe
still a
Cabinet Minister, who is also Lead
thJ HQ}-t,~~e,
could not De tolerated and
Parliament has to express its ..:displea ,e by im}5,9?inga deterrent sentence;
the speech by the Honoura ;;,Member .
ot be s~i'9gtohave provoked the
Victim as to morally N,~t1ty . co~~{jt
that p~hicular day; and that
whatever happened",;~J:]J{tQ:~yic. 'rPfarms
is 'true) cannot be used as
justification for th~f[fhorallyr€preH ible cond] ct he displayed towards the
Honourable Member
and Parliament I
~:':i/.!'
Il}r':'i
\iil
137. The Respondenf1i!;,§~,bmits
that £]jlemajority voted for the punishment
impose~\~l1i~e the ni~i{~~~~,~
thouS~~ a mfch more le~ient punish~ent was
approprIat~ ;:fB(J~e ~IrcU:J3;!,§~~~~~i:>
It ~h1refore .submlts t~~t t~e Issue of
whether the2;aggta,.y.~tmg
features as welg~ed agamst the mitigating features,
justified the li~rsn"punis~ent recommended by the majority members of the
Committee oFr,;sI1.ould~ave led to the limposition of the overly lenient
punishment recommended by the minority members of the Committee is, to a
large extent, a matter of value judgment.