THE STATE v NKOSILATHI GUMBO

HB 214/23

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Case Details

Court

Bulawayo High Court

Date

19 October 2023

Citation

HB 214/23

Neutral Citation

[2023] ZWHB 214

Outcome

unknown

Case Type

Review

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA JKABASA J

Areas of Law

Criminal LawConstitutional Law

Keywords

Sexual intercourse with young personUnconstitutional statuteNon-existent law

Key Issues

{"issue_text":"Whether a conviction under Section 70(1)(a) of the Criminal Law Code is valid when the section was declared unconstitutional and the suspension period for the order of invalidity had expired before the commission of the alleged offence.","issue_type":"constitutional","dispositive":"yes","related_facts":"The date of the alleged offence (29 May 2023) and the expiration of the suspension period (25 May 2023)."}

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background

Facts of the Case

Background

The accused was charged, convicted, and sentenced for having extra-marital sexual intercourse with a young person under Section 70(1)(a) of the Criminal Law Code. The conviction was based on an act alleged to have occurred on 29 May 2023. However, the Constitutional Court had previously declared Section 70 unconstitutional, with the order of invalidity taking effect on 25 May 2023 after a 12-month suspension period expired without legislative amendment.

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