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Masvingo High Court
The State v Catherine Murakata and Mavis Murakata
HMA 39-18
Case Details
Court
Masvingo High Court
Date
24 July 2018
Citation
HMA 39-18
Neutral Citation
[2018] ZWHMA 39
Outcome
unknown
Case Type
Review
Bench
Presiding
Mawadze J
Full Bench
Mawadze JMafusire J
Areas of Law
Criminal procedureMagistrate court jurisdiction
Keywords
partly heard mattertrial de novomagistrate rulingcriminal procedure
Tags
criminal reviewpartly heard mattermagistrate jurisdiction
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether this matter is a partly heard matter","issue_type":"procedural","dispositive":"yes","related_facts":"Both accused pleaded not guilty; no evidence adduced; only defence outline and certificate produced"}
- {"issue_text":"Whether it was proper for Mr Mudzongachiso to overrule Mr Mohamadi's decision","issue_type":"procedural","dispositive":"yes","related_facts":"Mr Mohamadi ruled matter partly heard; Mr Mudzongachiso disagreed and declined to proceed"}
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background
Facts of the Case
Background
Two accused persons charged with dealing in dangerous drugs pleaded not guilty before Magistrate Mudzongachiso. Only defence outline and certificate of weight were produced before matter was postponed. When matter came before different magistrate, defence objected that it was partly heard. Different rulings by different magistrates prompted review.
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