Judgment No. CCZ 12/14 3
Civil Appeal No. SC 327/12
applicant was able, using the same modus operandi, to get another duplicate copy of the title
deeds for Number 106 Lomagundi Road, Avondale.
On 7 June 2007 Muderede filed a complaint of fraud against the applicant with
the police. The allegation on both counts was that the applicant had misrepresented that
Muderede had resigned as a director of Helce Enterprises (Private) Limited and Drisdane
Investments (Private) Limited and in his place had appointed her two brothers, Kundai
Matiashe and Kumbirai Matiashe. It was alleged that on the basis of the misrepresentation,
the applicant managed to get duplicate title deeds for both properties.
On 25 June 2007, the applicant made a statement to the police. She was
thereafter placed on remand. On 26 February 2008 the charges against the applicant were
withdrawn by the State. However on 17 July 2012 the applicant was served with summons to
appear in court on 6 August 2012. On 21 August 2012 the applicant then filed an application
in the Magistrates Court seeking a declaration that the decision by the Attorney-General to try
her after six years violated her right to the protection of the law enshrined in s 18 of the
Constitution and that the matter be referred to the Supreme court in terms of s 24(2) of the
former Constitution.
In papers filed before the Magistrates Court, the appellant stated that the delay
of six years during which no trial had taken place was wholly attributable to the State. She
had always been available to attend court to answer any allegations. Further she stated that
one of her defence witnesses, Doctor Iris Sarupinda, who was present during the time she had
a relationship with Muderede, had relocated to Europe and she was not aware of her present
whereabouts. The appellant did not give oral evidence in support of her application.