Judgment No. CCZ 13/2015 1
Const. Application No. CCZ 56/13
REPORTABLE (3)
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JONATHAN
THE
ATTORNEY
MUTSINZE
v
GENERAL, ZIMBABWE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC,
GWAUNZA JCC, GARWE JCC, GOWORA JCC,
HLATSHWAYO JCC, PATEL JCC et GUVAVA JCC
HARARE, JANUARY 22, MARCH 14,
SEPTEMBER 24 & OCTOBER 1, 2014
T. T G Musarurwa with him A Mombasasa, for the applicant
E Nyazamba,for the respondent
GARWE JCC:
[1]
After considering the papers filed of record and hearing counsel, this Court issued the
following order:
“It is ordered that:
1. The application for the trial of the applicant in case number CRB
8/2000 to be permanently stayed be and is hereby dismissed.
2. The matter is remitted to the trial judge at the High Court, Harare,
for the reconstruction of the missing record, to include the reasons
for conviction, proceedings and findings on the question of
extenuation and thereafter for him to pass sentence.
3. The reasons for this order will follow in due course.
4. There be no order as to costs.”
[2]
What follows are the reasons for the above order.