Judgment No. CCZ 12/14 1 Civil Appeal No. SC 327/12 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. 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.

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