Judgment No CCZ 1/2015 1
Const. Application No SC 54/11
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ARTWELL CHIKUMBU
v
THE STATE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA,
GOWORA JA, HLATSHWAYO JA, PATEL JA, GUVAVA JA,
HARARE, FEBRUARY 19, 2014 & FEBRUARY 17, 2015
W. Bherebende, for the applicant
T. Mapfuwa, for the respondent
GUVAVA JA:
This is an application referred to this Court in terms of
s 24 (2) of the old Constitution. The applicant seeks an order for a permanent stay of his
prosecution on the basis that his rights in terms of s 18 (1) and (2) of the old Constitution
have been violated owing to the delay in finalising his trial.
FACTUAL BACKGROUND
The facts which gave rise to this application are these. On 18 April 2005 the
applicant attended the Independence Day Celebrations at a farm homestead in Featherstone.
At around 14.00 hours of the same day the applicant had a misunderstanding with the
deceased, Wilbert Mapurisa, concerning contributions towards the Independence Day