Judgment No CCZ 1/2015 3 Const. Application No SC 54/11 “1. A declaration that the respondent had failed to prosecute the matter against him timeously and within a reasonable period in violation of his right as set out in section 18(2) of the Constitution of Zimbabwe. 2. An order that the prosecution of the applicant by the respondent be stayed permanently.” The trial magistrate determined that the application had merit and duly referred the matter to this Court. RELEVANT CONSTITUTIONAL PROVISIONS Section 18 of the old Constitution provides for equal protection of the law to all persons. The relevant provisions state as follows:“(1) Subject to the provisions of this Constitution every person is entitled to the protection of the law. (2) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.” In S v Nhando & Ors 2001 (2) ZLR 84 at 86 A-B (S) CHIDYAUSIKU ACJ (as he then was) quoting the case of In Re Mlambo 1991 (2) ZLR 339 (SC) and other cases decided by this Court, reaffirmed the factors to be taken into account in determining whether or not an applicant has been deprived of his right to a fair and speedy trial. He set these out as follows: “(a) The length of the delay, (b) The reasons for the delay; (c) The assertion by the accused of his or her right to a trial; and (d) The prejudice to the accused caused by the delay.”