S v DE GOUVEIA 2019 (1) ZLR 546 (H)
Citation | 2019 (1) ZLR 546 (H) |
Case No | Judgment No. HH-193-19 |
Court | High Court, Harare |
Judge | Chitapi J |
Heard | 15 October 2018; 28 November 2018; 23 January 2019; 12 February 2019 |
Judgment | 8 March 2019 |
Counsel | E Mubaiwa, for the applicant |
Case Type | Constitutional application |
Annotations |
Flynote
Court – Constitutional Court – referral to – alleged contravention of constitutional composition of High Court sitting as a criminal trial court – judge obliged to sit with two assessors – constitutional questions raised neither frivolous nor vexatious
Court – High Court – assessors – powers of – judge and assessors having equal decision making powers on any questions of fact arising at a criminal trial – constitutionality thereof
Court – High Court – composition of – criminal trial – for purposes of criminal trials court consists of a judge and two assessors – whether such composition consistent with Constitution
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