MUTAMBARA & ORS v MINISTER OF HOME AFFAIRS 1989 (3) ZLR 96 (H)

1989 (3) ZLR p96

Flynote

Administrative law — audi alteram partem rule — application of to issue of certificate prohibiting bail under s 106(2)(a) of the Criminal Procedure and Evidence Act [Chapter 59] — reasonableness — requirement for Minister to act reasonably when issuing such certificates.

Costs — criminal matter — application to High Court to set aside Minister's certificate prohibiting bail — whether successful applicant entitled to costs.

Criminal procedure — bail — principles governing grant of — group of persons — requirement that each person be considered individually — Courts and Adjudicating Authorities (Publicity Restriction) Act 1985 — s 3 — order restricting disclosure of memorandum submitted in opposition to grant of bail — evidence required in — court to be satisfied that order is necessary or expedient.