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Constitutional Court
Joel Norman Sengeredo v The State
[2014] ZWCCZ 11
Case Details
Court
Constitutional Court
Date
10 November 2014
Citation
[2014] ZWCCZ 11
Judgment No.
CCZ 11/14
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAPATEL JAHLATSHWAYO JAGUVAVA JA
Areas of Law
Constitutional LawCriminal Procedure
Keywords
fair hearingreasonable timeAttorney-General independenceprosecution delayconstitutional rights
Tags
constitutional applicationright to fair trialright to protection of lawdelay in prosecution
legislation
Statutes Cited
- Constitution of Zimbabwe (old Constitution)
- Constitution of Zimbabwe (old Constitution)
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's right to a fair hearing within a reasonable time, as enshrined in s 18 of the Constitution, was violated","issue_type":"constitutional","dispositive":"no","related_facts":"Delay from 2009-2012, multiple remands, initial declination then reversal"}
- {"issue_text":"Whether the applicant's right to protection of the law, as enshrined in s 18 of the Constitution, was violated by the State rescinding decision not to prosecute after receiving representations from complainant","issue_type":"constitutional","dispositive":"yes","related_facts":"Attorney-General's reversal after complainant representations"}
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background
Facts of the Case
Background
The applicant was charged with two counts of fraud for allegedly selling the same property to two different people, receiving US$62,000 and US$48,500 respectively. After initial prosecution attempts, the Attorney-General declined prosecution in November 2010, then reversed this decision in May 2011 following representations from a complainant. The applicant challenged the constitutional validity of both the delay in prosecution and the Attorney-General's reversal decision.
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