MUNOBVANEI & ANOR v MUDONHI NO & ORS 2019 (2) ZLR 157 (H)

2019 (2) ZLR p157

Flynote

Criminal procedure – review – application to review and set aside ruling by magistrate not to discharge accused at close of State case – should not be dealt with by single judge in motion proceedings

Legal practitioner – conduct and ethics – duty of counsel to court – counsel engaging in deceitful and unscrupulous tactics in defending his clients – matter referred to Law Society for possible disciplinary action

Practice and procedure – judgment – rescission – judgment made in error, judge having been deceived by applicants' legal practitioner – judge unaware of earlier judgment in the same matter – judge entitled mero motu to rescind his judgment

Practice and procedure – motion proceedings – employment of –application to review and set aside ruling by a magistrate not to discharge accused at close of State case – should not be dealt with by single judge