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Harare High Court
Peter Hingeston and O.W. Thwaites (Pvt) Ltd & Heather Guild v Billiard Musakwa N.O. and Malvern Musarurwa N.O. and Attorney General of Zimbabwe
HH 190-12
Case Details
Court
Harare High Court
Date
31 December 2012
Citation
HH 190-12
Neutral Citation
[2012] ZWHH 190
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Constitutional LawCriminal ProcedureLand Law
Keywords
section 16B ConstitutionGazetted Lands ActSupreme Court referralconstitutional referralland acquisitionracial discrimination
Tags
constitutional challengeland reformurgent applicationstay of prosecution
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Gazetted Lands (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court should interdict criminal trials pending constitutional challenges before Supreme Court","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Pending Supreme Court constitutional applications; magistrate's refusal to refer"}
- {"issue_text":"Whether the constitutional challenges raised frivolous and vexatious","issue_type":"constitutional","dispositive":"no","related_facts":"Section 16B validity; racial discrimination claims"}
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background
Facts of the Case
Background
Two sets of applicants separately charged under s 3 of the Gazetted Lands Act for occupying gazetted land without authority sought to interdict their trials pending constitutional challenges they had lodged with the Supreme Court. The magistrate declined to refer constitutional questions and ordered trials to proceed, prompting urgent applications to the High Court.
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