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Constitutional Court
Artwell Chikumbu v The State
[2015] ZWCCZ 1
Case Details
Court
Constitutional Court
Date
17 February 2015
Citation
[2015] ZWCCZ 1
Judgment No.
CCZ 1/2015
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
GUVAVA JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JAGUVAVA JA
Areas of Law
Constitutional lawCriminal procedure
Keywords
delay in prosecutionsection 18 constitutionspeedy trialprejudicemurderculpable homicide
Tags
constitutional applicationright to fair trialright to speedy trialpermanent stay of prosecution
legislation
Statutes Cited
- Constitution of Zimbabwe (old Constitution)
- Constitution of Zimbabwe (old Constitution)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the delay in prosecuting the applicant violated his constitutional right to a fair hearing within a reasonable time under section 18(2) of the old Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"3 year 10 month delay from arrest to application"}
- {"issue_text":"Whether the applicant is entitled to a permanent stay of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged violation of constitutional rights"}
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background
Facts of the Case
Background
The applicant was arrested in 2005 for murder which was later reduced to culpable homicide. After nearly 4 years of delays in bringing him to trial, he applied for a permanent stay of prosecution alleging violation of his constitutional right to a speedy trial under section 18(2) of the old Constitution.
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