THE STATE v MUNYARADZI MAWADZE

HH 173-23

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Case Details

Court

Harare High Court

Date

2 March 2023

Citation

HH 173-23

Neutral Citation

[2023] ZWHH 173

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal ProcedureAppellate Procedure

Keywords

PostponementRecusalLeave to AppealInterlocutoryStill-born Appeal

Key Issues

{"issue_text":"Whether the application for postponement of the trial should be granted pending the accused's intended appeal against the dismissal of his recusal application.","issue_type":"procedural","dispositive":"yes","related_facts":"The dismissal of the recusal application and the request for postponement to prosecute an appeal."}
{"issue_text":"Whether the intended appeal against the interlocutory order refusing recusal is valid without leave of court.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the recusal ruling (interlocutory) and the provisions of the High Court Act."}

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background

Facts of the Case

Background

The accused's application for the judge's recusal was dismissed. The accused's counsel indicated an intention to appeal and requested a postponement to April 2023 to prosecute the appeal. The court had to determine whether the intended appeal was valid (i.e., whether leave to appeal was required for the interlocutory recusal ruling) before deciding on the postponement.

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