MACHAYA & ORS v MARONDEDZE NO & ANOR 2020 (1) ZLR 1104 (H)
Citation | 2020 (1) ZLR 1104 (H) |
Case No | Judgment No. HH-364-20 |
Court | High Court, Harare |
Judge | Chitapi J |
Heard | 18 December 2019 |
Judgment | 4 June 2020 |
Counsel | A Muchadehama, for the applicants |
Case Type | Application for criminal review |
Annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to a fair trial (s 69) – right to a fair hearing within a reasonable time – what constitutes a reasonable time – reckoning of time from date of arrest, not date of commission of offence
Criminal procedure – application for permanent stay of proceedings at commencement of trial – jurisdiction of magistrates court – not competent to grant such order – if constitutional issue raised, magistrate may refer matter to Constitutional Court – review jurisdiction of High Court – incompleted proceedings before lower court – principles guiding High Court in exercising review jurisdiction
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