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Harare High Court
Aaron Nyarugwe v Dharwizi Transport (Private) Limited
HH 469-21
Case Details
Court
Harare High Court
Date
9 September 2021
Citation
HH 469-21
Neutral Citation
[2021] ZWHH 469
Outcome
unknown
Case Type
Review
Bench
Presiding
FOROMA J
Full Bench
FOROMA JCHAREWA J
Areas of Law
Criminal ProcedureConstitutional Law
Keywords
Right to cross-examinationCourt recordMiscarriage of justiceSection 69(1) ConstitutionSection 70(1)(H) Constitution
Tags
Automatic ReviewUnrepresented AccusedFair Trial Rights
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 2) Act 2013
- Constitution of Zimbabwe Amendment (No. 2) Act 2013
- Constitution of Zimbabwe Amendment (No. 2) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the failure to record in the proceedings that the accused's right to cross-examine witnesses was explained to her renders the proceedings null and void.","issue_type":"constitutional","dispositive":"yes","related_facts":"Omission in the record of proceedings regarding explanation of cross-examination rights."}
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background
Facts of the Case
Background
This was an automatic review of the proceedings before a magistrate. The magistrate failed to record in the proceedings that the accused's right to cross-examine State witnesses and the consequences of not doing so were explained to her. The magistrate later responded to a query by stating the rights were explained orally but the explanation was not noted in the record.
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