Judgment No. CCZ 12/14 1
Civil Appeal No. SC 327/12
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REPORTABLE (66)
HELEN
(1)
MATIASHE
v
THE HONOURABLE MAGISTRATE MAHWE N.O
THE ATTORNEY GENERAL OF ZIMBABWE
(2)
SUPREME COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ,
ZIYAMBI JA, GARWE JA & PATEL JA
HARARE, MAY 16 2013, & DECEMBER 4 2014
T. Mpofu, for the applicant
J. Uladi, for the respondents
GARWE JA:
In this application, the applicant seeks the following
relief:1.
A declaration that the refusal by the Magistrate to refer the issues raised by the
applicant to the Supreme Court is wrong at law and consequently a breach of
the applicant’s right to the protection of the law enshrined in section 18(1) of
the former Constitution of Zimbabwe.
2.
A declaration that the decision by the Attorney-General to proceed with the
prosecution of the applicant more than five years after the alleged commission
of the offence is a violation of the applicant’s right to the protection of the law
under section 18 of the former Constitution.