ATTORNEY-GENERAL v MAKAMBA 2005 (2) ZLR 54 (S)
Citation  | 2005 (2) ZLR 54 (S)  | 
Case No  | Judgment No. S-30-05  | 
Court  | Supreme Court, Harare  | 
Judge  | Chidyausiku CJ, Malaba JA and Gwaunza JA  | 
Heard  | 26 May 2005  | 
Judgment  | 29 July 2005  | 
Counsel  | V Shava, for the appellant  | 
Case Type  | Criminal appeal  | 
Annotations  | Link to case annotations  | 
Flynote
Criminal procedure — charge — exceptions, provisos and exemptions — when a statutory provision may be regarded as such rather than as part of the substantive offence — Exchange Control Regulations 1996 — s 11(2) — negative element of the offence does not have to be alleged and proved by the State
Criminal procedure — application for discharge of an accused at the conclusion of the State case — bases for granting such an application
Criminal procedure — review — incomplete proceedings — intervention by a superior court in uncompleted proceedings of a lower court—should only be entertained in exceptional circumstances
Exchange control — Exchange Control Regulations SI 109 of 1996 — s 11 — making of payment outside the country — not applicable to payments made from "free funds" — onus on accused to show that payment was made with free funds
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