Jaison Max Kokerai Machaya and Chibururu Chisainyerwa v The State and Charity Maphosa N.O.

Key Issues

• {"issue_text":"Whether the applicants have demonstrated prospects of success in their intended review of the dismissal of their exception to the charge","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants excepted to charge; trial court dismissed exception; applicants seek stay pending review"}
• {"issue_text":"Whether the charge discloses a recognisable offence under s 174(1) of the Criminal Law Code","issue_type":"law","dispositive":"no","related_facts":"Charge alleges abuse of public office in diverting 1000 stands to private company"}
• {"issue_text":"Whether the applicants were prejudiced in their defence by the charge formulation","issue_type":"procedural","dispositive":"no","related_facts":"Applicants pleaded and excepted simultaneously; outlined their defence"}

Background