Dan David Konson v The State

[2015] ZWCCZ 7

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Case Details

Court

Constitutional Court

Date

22 July 2015

Citation

[2015] ZWCCZ 7

Judgment No.

CCZ 7/2015

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

GOWORA JCC

Full Bench

CHIDYAUSIKU CJMALABA DCJGWAUNZA JCCGARWE JCCGOWORA JCCHLATSWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA AJCC

Areas of Law

Constitutional LawCriminal LawHuman Rights Law

Keywords

right to fair hearingjudicial biastrial fairnessconstitutional violationdeath penalty

Key Issues

{"issue_text":"Whether the applicant's right to a fair hearing under s 69(1) of the Constitution was violated by the trial judge descending into the arena","issue_type":"constitutional","dispositive":"yes","related_facts":"Judge asked 122 questions during cross-examination, made hostile comments, questioned applicant extensively"}
{"issue_text":"Whether the death sentence was constitutionally valid given Parliament had not enacted law under s 48(2)","issue_type":"constitutional","dispositive":"no","related_facts":"Death sentence imposed, Parliament had not enacted enabling legislation"}

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Facts of the Case

Background

The applicant was convicted of murder and sentenced to death by the High Court. He challenged the conviction on constitutional grounds, alleging that the trial judge violated his right to a fair hearing by descending into the arena and showing bias against him during the trial.

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