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Supreme Court
Billy Rigava & 5 Ors v Estere Chivasa N.O & Anor
SC 71/22
Case Details
Court
Supreme Court
Date
10 November 2021
Citation
SC 71/22
Neutral Citation
[2022] ZWSC 71
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mwayere JA
Author
Mwayera JA
Full Bench
Mwayera JA
Areas of Law
Criminal lawCriminal procedureInterlocutory relief
Keywords
Criminal abuse of duty as public officerNATPHARMPrivate companyPublic officer statusStay of criminal proceedings
Tags
Criminal abuse of dutyPublic officersPrivate companyStay of proceedings
legislation
Statutes Cited
- Criminal Law Codification and Reform Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants are entitled to interim relief of stay of criminal proceedings pending determination of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties agree NATPHARM is private company; applicants charged as public officers"}
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background
Facts of the Case
Background
Six former NATPHARM board members charged with criminal abuse of duty as public officers under s 174 of the Criminal Code. They excepted to the charge arguing NATPHARM is a private company and they cannot be public officers. The magistrate dismissed the exception, the High Court dismissed their review application, and they appealed to the Supreme Court while seeking a stay of the criminal proceedings pending the appeal.
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