Judgment No. CCZ 6/2015 1
Const Application No. 02/14
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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