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Harare High Court
Lazarus Muchenje and Paradzai Mutandwa Chakona v Regional Magistrate Vongai P Guwuriro N.O. and Prosecutor General of the Republic of Zimbabwe
HH 463-23
Case Details
Court
Harare High Court
Date
28 July 2023
Citation
HH 463-23
Neutral Citation
[2023] ZWHH 463
Outcome
unknown
Case Type
Review
Bench
Presiding
Kwenda J
Full Bench
Kwenda JChikowero J
Areas of Law
Criminal LawConstitutional LawStatutory Interpretation
Keywords
public officerNet Onecriminal abuse of dutyservice of the Stategovernment company
Tags
criminal reviewpublic officerabuse of dutystatutory interpretation
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe (Amendment No 20) Act 2013
- Constitution of Zimbabwe (Amendment No 20) Act 2013
- Constitution of Zimbabwe (Amendment No 20) Act 2013
- Constitution of Zimbabwe (Amendment No 20) Act 2013
- Public Finance Management Act
- Public Entities Corporate Governance Act
- Postal and Telecommunication Act
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether employees of companies wholly owned and controlled by the State are \"public officers\" for purposes of criminal abuse of duty charge under s 174(1) of the Criminal Law Code","issue_type":"law","dispositive":"yes","related_facts":"Applicants employed by Net One, wholly State-owned company"}
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background
Facts of the Case
Background
The applicants, employed by Net One (a company wholly owned by the State), were charged with criminal abuse of duty as public officers. They sought review of the magistrate's decision refusing their discharge application, arguing they were not public officers since Net One is a private company, not a public entity.
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