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Constitutional Court
Joanah Mamombe & Cecilia Revai Chimbiru v Faith Mushure N.O. & The State
[2022] ZWCCZ 4
Case Details
Court
Constitutional Court
Date
10 June 2022
Citation
[2022] ZWCCZ 4
Judgment No.
CCZ 4/22
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MAKARAU JCC
Full Bench
MAKARAU JCC
Areas of Law
Constitutional LawCriminal ProcedureJurisdiction
Keywords
stay of criminal proceedingsdirect access applicationconstitutional jurisdictionreview powersgross irregularity
Tags
urgent applicationstay of proceedingsdirect accesscriminal proceedingsconstitutional jurisdiction
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitutional Court Act
- Constitution of Zimbabwe
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the Constitutional Court have jurisdiction to stay unterminated criminal proceedings pending determination of applications for direct access?","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Direct access applications pending, criminal proceedings ongoing"}
- {"issue_text":"Do applications for direct access constitute constitutional matters that trigger the Court's review jurisdiction?","issue_type":"constitutional","dispositive":"yes","related_facts":"Nature of direct access applications"}
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background
Facts of the Case
Background
The applicants, who are facing criminal charges under s 31(a)(i) of the Criminal Law (Codification and Reform) Act, sought to stay the criminal proceedings pending determination of their applications for direct access to the Constitutional Court. They had previously requested the magistrate to refer constitutional questions to the Constitutional Court under s 175(4) of the Constitution, which request was dismissed.
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