S v CHAKWINYA 1997 (1) ZLR 109 (H)

1997 (1) ZLR p109

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(2) — right to trial within a reasonable time — extreme and inexcusable delay in dealing with case — High Courts' power to protect rights of persons coming before it — stay of further proceedings granted

Court — High Court — jurisdiction — court's power to regulate its own proceedings and protect rights of persons coming before it — power to stay proceedings

Criminal procedure — stay of proceedings — trial commencing 2½ years after accused first placed on remand — matter transferred to High Court for sentence — further 3 years before High Court seized of matter due to administrative incompetence — extent to which unrepresented accused can be expected to take steps to enforce his freedom — proceedings stayed permanently