Judgment No. CCZ 9/14 1
Const. Application No. CCZ 276/12
REPORTABLE
(52)
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(1)
LOVEMORE
(3)
DAVID
ITAI
MUKANDI (2) NELSON SILVERN YEUKAI
MAWERE MUBVUMBI
NYABONDO (4) MOHAMED AHMED MEMAN
v
THE STATE
CONSTITUTIONAL COURT OF ZIMBABWE
MALABA DCJ, ZIYAMBI JA, GWAUNZA JA,
GARWE JA, GOWORA JA, HLATSHWAYO JA,
PATEL JA, GUVAVA JA & CHIWESHE AJA
HARARE, SEPTEMBER 18, 2013, & SEPTEMBER 25, 2014
J B Wood for the first, second and third applicants
T R Nyanyiwa for the fourth applicant
S Fero for the respondent
GOWORA JA:
The applicants in this matter are seeking an order for the
permanent stay of their prosecution on charges of fraud. They allege their constitutional right
to a fair trial within a reasonable period, guaranteed under s 18(2) of the former Constitution,
has been violated by reason of the inordinate delay by the State to bring them to trial.
THE BACKGROUND
The first applicant, Lovemore Itai Mukandi, (“Mukandi”), the second
applicant, Nelson Silvern Yeukai Mawere-Mubvumbi (“Mubvumbi”) and the applicant David
Nyabondo (“Nyabondo”) were formerly employed by the Central Intelligence Organisation.
Mukandi was the Deputy Director of Administration, Mubvumbi was the Chief Transport