Judgment No. CCZ 6/2015 1 Const Application No. 02/14 DISTRIBUTED BY VERITAS email: veritas@mango.zw website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied REPORTABLE (40) (1) (1) ANNA THE COLLETA CHIHAVA (2) BOAS ZISHE CHIZANI vs PROVINCIAL MAGISTRATE FRANCIS (2) THE PROSECUTOR GENERAL MAPUVA (3) MAPFUMO N.O SUPREME COURT OF ZIMBABWE CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC & CHIWESHE AJCC HARARE, JUNE 11 2014 & JULY 15, 2015 P. Mangwana, for the first, second and third appellants S. Fero, for the first and second respondents GWAUNZA JCC: This is an application in terms of s 85(1(a) of the Constitution of Zimbabwe. The appellants allege that their constitutional rights as enshrined in ss 70(1(b), 70(1)(d) and 70(1)(c) have been violated through the manner in which criminal proceedings against them were conducted in the Magistrates Court sitting at Chivhu. They seek an order that the proceedings be quashed and a trial de novo ordered before a different magistrate. IN LIMINE

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