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Case Details
Court
Harare High Court
Date
9 January 2017
Citation
HH 70-17
Neutral Citation
[2017] ZWHH 70
Outcome
unknown
Case Type
Review
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA JCHITAPI J
Areas of Law
Criminal ProcedureLabour Law
Keywords
recusalfunctus officionullitytrial de novos 180(6) CPA
Tags
reviewrecusalfunctus officiotrial de novo
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a trial can continue before another magistrate after the original magistrate has recused himself following the adduction of evidence.","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence adduced; magistrate recused; accused objected"}
- {"issue_text":"Whether the proceedings before the recusal are a nullity.","issue_type":"law","dispositive":"yes","related_facts":"Magistrate recused; proceedings referred for review"}
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background
Facts of the Case
Background
The accused was charged with contravening s 13(2) of the Labour Act. After the State closed its case, the trial magistrate recused himself following the unceremonious delivery of a complaint letter against the prosecutors and the accused's legal practitioner. The accused objected to the continuation of the trial before a different magistrate, arguing that the proceedings were a nullity.
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