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Harare High Court
The State v Albert Mugove Matapo and 5 Others
HH 238-2010
Case Details
Court
Harare High Court
Date
27 October 2010
Citation
HH 238-2010
Neutral Citation
[2010] ZWHH 238
Outcome
unknown
Case Type
Trial
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Criminal procedureTreasonRe-indictment after dismissal
Keywords
treasonconspiracyoverthrow governmentsix-month rulere-indictmentcommittal to prison
Tags
treasonre-indictmentprocedural irregularitysix-month rule
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can proceed to try the accused given the alleged irregularity of their re-indictment and committal to prison","issue_type":"procedural","dispositive":"yes","related_facts":"The accused were re-indicted after dismissal under s 160(2); defence objected to committal to prison"}
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background
Facts of the Case
Background
Six accused persons were charged with treason for allegedly conspiring to overthrow the Zimbabwean government by instigating military rebellion. Their case was initially dismissed under s 160(2) for failure to try them within six months of committal. They were subsequently re-indicted, leading to defence objections about the legality of their re-indictment and committal to prison.
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