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Constitutional Court
Lovemore Itai Mukandi & 3 Ors v The State
[2014] ZWCCZ 9
Case Details
Court
Constitutional Court
Date
25 September 2014
Citation
[2014] ZWCCZ 9
Judgment No.
CCZ 9/14
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA JA
Full Bench
MALABA DCJZIYAMBI JAGWAUNZA JAGARWE JAGOWORA JAHLATSHWAYO JAPATEL JAGUVAVA JACHIWESHE AJA
Areas of Law
Constitutional LawCriminal Procedure
Keywords
right to fair trial within reasonable timedelaypermanent stay of prosecutions 18(2) former Constitution
Tags
constitutional rightsright to fair trialdelay in prosecutionpermanent stay
legislation
Statutes Cited
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Criminal Law (Codification and Reform) Act
- Prevention of Corruption Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 13-year delay in bringing applicants to trial violated their constitutional right to a fair trial within a reasonable period under s 18(2) of the former Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"13-year delay; State conceded delay presumptively prejudicial; State failed to explain delay"}
- {"issue_text":"Whether applicants are entitled to a permanent stay of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants failed to show specific prejudice beyond delay"}
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background
Facts of the Case
Background
Four applicants, former CIO employees and a private company director, were charged in 1999 with fraud involving Z$16 million in a housing construction project. After numerous remands, they were removed from remand in January 2000. No action was taken until 2011 when the first applicant was deported from Canada and all were summonsed. Trial failed to start in December 2011 and January 2012, leading to this constitutional application for permanent stay due to 13-year delay.
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