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Constitutional Court
Dzingai Nevhunjere v Victoria Mashamba N.O. and The State
[2017] ZWCCZ 12
Case Details
Court
Constitutional Court
Date
30 June 2017
Citation
[2017] ZWCCZ 12
Judgment No.
CCZ 12/19
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJ
Areas of Law
Constitutional LawCriminal Procedure
Keywords
constitutional referralfrivolous and vexatiousfair trial within reasonable timesection 175(4) Constitutionleave to appeal
Tags
constitutional referralfair trial rightsright to protection of the lawadministrative justiceright to remain silent
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a subordinate court can determine constitutional questions on merits and simultaneously refuse referral as frivolous","issue_type":"constitutional","dispositive":"yes","related_facts":"Magistrate determined constitutional questions and found referral request frivolous"}
- {"issue_text":"Whether leave to appeal should be granted where constitutional questions were determined by lower court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought leave to appeal magistrate's refusal of referral"}
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background
Facts of the Case
Background
The applicant, accused of stock theft involving 145 cattle in 2002, sought referral of four constitutional questions to the Constitutional Court under section 175(4) of the Constitution. The magistrate determined the constitutional questions on merits and refused referral, finding the request frivolous and vexatious. The applicant sought leave to appeal this decision.
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