The State v Moses Mpofu and Mike Chimombe

Key Issues

• {"issue_text":"Whether the request to refer the constitutional validity of s 6(1) of the High Court Act to the Constitutional Court is frivolous or vexatious.","issue_type":"procedural","dispositive":"yes","related_facts":"The accused challenged the age of assessors but did not use statutory remedies to challenge them."}
• {"issue_text":"Whether s 6(1) of the High Court Act is inconsistent with s 186(5) of the Constitution to the extent that it allows assessors over the age of 70.","issue_type":"constitutional","dispositive":"yes","related_facts":"Assessors are over 70; s 186(5) mandates judge retirement at 70."}
• {"issue_text":"Whether the trial by a bench with assessors over 70 violates the accused's rights to a fair trial (s 69(1)) and equal protection (s 56(1)).","issue_type":"constitutional","dispositive":"yes","related_facts":"Assessors are over 70."}

Background