Judgment No. CCZ 13/2015 6
Const. Application No. CCZ 56/13
all the files, including the applicant’s, to a professional assistant
working in the office. He stated that, so far as he can recollect, he
was never advised to come to court for the verdict. Following the
filing of this application and after diligent search, the file could not
be located in their office. He was unable to state categorically
whether there had been a conviction.
14.4
Munyaka Wadaira Makuyana, who was the applicant’s legal
practitioner during the trial, confirmed that the file opened by the
law firm in respect of the applicant had disappeared. He also
confirmed that he had gone through the transcript prepared using
the notes taken by Mrs Florence Ziyambi and that the transcript is a
fair representation of what took place during the State case.
14.5
Felix Makudza, the investigating officer, confirmed that the
transcript prepared using the notes made by Mrs Ziyambi correctly
reflects the evidence he gave in Court.
14.6
Zuze Zuze, a state witness who gave evidence during the trial and
was present at the time of the commission of the offences, also
confirmed that the transcript correctly reflects the evidence he gave
during the proceedings.
14.7
Tatenda Mawere, in a supplementary affidavit, confirms that the
transcript prepared using the notes taken by Mrs Ziyambi is a
correct reflection of what happened during the accused’s person’s
evidence in chief.
[15]
The application was then set down for hearing on 14 September 2014. At the
hearing, both parties were agreed that the record of the proceedings transcribed with