Judgment No. CCZ 13/2015 9
Const. Application No. CCZ 56/13
was possible.
Moreover the circumstances surrounding the commission of the
offences were not seriously in dispute. In the trial before the High Court, the
applicant had admitted undertaking a journey from Marondera, in the company of
five others, to Bindura, with the sole purpose of committing acts of robbery and
theft. He admitted going to Chiwaridzo Bottle Store in the company of one Evans
and one Bonga and that he was aware that Evans was armed with a pistol. He
admitted that, whilst in the company of Evans, he had participated in the robbery
and had told the patrons to lie down on the floor. He accepted that when the
deceased, Konje, confronted him saying the weapon they had was a toy and
following an assault on him by Konje with a beer bottle, Evans had then fired the
shot which killed the deceased. The applicant admitted that after this shot, he
jumped over the counter and seized a cash box containing the day’s takings.
A re-construction of the remaining portion of the record is therefore possible.
WHETHER THE APPLICATION FOR PERMANENT STAY IS WARRANTED
[23]
The factors to be considered in an application of this nature are settled. These are
(a) the length of the delay (b) the reasons given by the State for such delay (c)
whether the applicant asserted his rights to a speedy trial and (d) the prejudice to the
accused caused by the delay.
[24]
In order to determine whether the delay is reasonable or not, a Court must endeavour
to strike a balance between these factors. In general, no one factor can on its own
justify an inference that the delay is unreasonable. The balancing test involves
balancing the conduct of both the State and the accused on a scale –S v Banga 1995
(2) ZLR 297 (5); In re Mlambo 1991 (2) ZLR 399 (SC) 352 F-H.