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Constitutional Court
Paul Madzore v The State
[2016] ZWCCZ 12
Case Details
Court
Constitutional Court
Date
28 May 2014
Citation
[2016] ZWCCZ 12
Judgment No.
CCZ 12/16
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
MAVANGIRA AJCC
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional LawCriminal Procedure
Keywords
speedy trialunreasonable delayprejudiceconstitutional violationpermanent stay
Tags
right to fair trialright to trial within reasonable timepermanent stay of prosecutionconstitutional rights
legislation
Statutes Cited
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's right to trial within a reasonable time under s 18(2) of the former Constitution was violated","issue_type":"constitutional","dispositive":"yes","related_facts":"4 year 7 month delay, applicant's conduct, State's efforts"}
- {"issue_text":"Whether applicant is entitled to permanent stay of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Length of delay, reasons for delay, prejudice suffered"}
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background
Facts of the Case
Background
The applicant, a Member of Parliament, was arrested on 14 December 2006 for allegedly assaulting a police officer. After numerous failed attempts to commence trial over several years, he applied for a permanent stay of prosecution alleging violation of his constitutional right to trial within a reasonable time.
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