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Harare High Court
Intratrek Zimbabwe (Private) Limited and Wicknel Munodaani Chivayo v Prosecutor General of Zimbabwe and L. Ncube N.O.
HH 849-18
Case Details
Court
Harare High Court
Date
31 December 2018
Citation
HH 849-18
Neutral Citation
[2018] ZWHH 849
Outcome
unknown
Case Type
Urgent Chamber Application
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA J
Areas of Law
Criminal ProcedureCriminal LawExchange Control Law
Keywords
exception to chargesformal defectsfraudexchange controlprocurement contractcriminal review
Tags
stay of proceedingscriminal reviewexception to chargesfraud chargesexchange control violations
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
- Exchange Control Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the fraud charges are defective for arising from a procurement contract governed by the Procurement Act","issue_type":"procedural","dispositive":"no","related_facts":"The fraud charges emanate from an EPC contract between applicants and ZPC"}
- {"issue_text":"Whether the third count (exchange control charge) is defective for failing to reference service agreements","issue_type":"procedural","dispositive":"yes","related_facts":"The charge cites s 4.1.8 of Guidelines but makes no reference to service agreements"}
- {"issue_text":"Whether to grant stay of criminal proceedings pending review","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate dismissed exception to charges, applicants seek review"}
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background
Facts of the Case
Background
The applicants, facing fraud and exchange control charges, excepted to the charges on the basis that the fraud charges arose from a procurement contract governed by the Procurement Act and that the exchange control charges were defective. The magistrate dismissed the exception, leading to this application for stay pending review.
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