Judgment No. CCZ 3/2015 1
Criminal Appeal No. CCZ 227/11
REPORTABLE
(10)
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BERNARD
MANYARA
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 & MARCH 9, 2015
J. Mambara, for the applicant
S. Fero, for the respondent
PATEL JA:
The applicant in this matter seeks a permanent stay
of prosecution in respect of a charge that arose more than 8 years ago. He claims that his
right to a fair trial within a reasonable time, as enshrined in s 18(2) of the former
Constitution, has been violated.
The applicant was arrested in November 2005 on a charge of converting to
his own use a sum of ZW$760,000,000.00 that was given to him by the complainant to
purchase 30,000 litres of diesel and 8,000 litres of petrol. According to the submissions