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Constitutional Court

Bernard Manyara v The State

CCZ 3/2015

Case Details

Court
Constitutional Court
Date
9 March 2015
Citation
CCZ 3/2015
Neutral Citation
[2015] ZWCCZ 3
Outcome
unknown
Case Type
Application

Bench

Presiding
Chidyausiku CJ
Author
Patel JA
Full Bench
Chidyausiku CJMalaba DCJZiyambi JAGwaunza JAGarwe JAGowora JAHlatshwayo JAPatel JAGuvava JA
Areas of Law
Constitutional LawCriminal Procedure
Keywords
right to fair trialunreasonable delaypermanent stayreferral procedureevidence
Tags
constitutional rightsfair trialright to speedy trialpermanent stay of prosecution
legislation
Statutes Cited
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the matter is properly before the Constitutional Court given the procedural defects in the referral","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence or affidavits filed in Magistrates Court"}
  • {"issue_text":"Whether the Court can determine the alleged violation of right to fair trial without evidence on record","issue_type":"procedural","dispositive":"yes","related_facts":"Only written submissions before court, no viva voce evidence"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant sought a permanent stay of prosecution for a fraud charge arising from 2005, alleging violation of his constitutional right to a fair trial within reasonable time. The matter was referred from the Magistrates Court without any evidence or affidavits being filed, only written submissions.
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