Albert Mugove Matapo & 5 Ors v The State

HH 97-11

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Case Details

Court

Harare High Court

Date

24 May 2011

Citation

HH 97-11

Neutral Citation

[2011] ZWHH 97

Outcome

unknown

Case Type

Criminal Appeal

Bench

Presiding

MUSAKWA J

Full Bench

OMERJEE JMUSAKWA J

Areas of Law

Criminal ProcedureAppealsCommittal proceedings

Keywords

Section 160(2) dismissalRe-committalNotice of trialBail termination

Key Issues

{"issue_text":"Whether there is a right of appeal against a magistrate's decision to re-commit accused persons","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants appealed against re-committal order"}
{"issue_text":"Whether accused persons dismissed under s 160(2) can be re-committed to custody","issue_type":"legal","dispositive":"yes","related_facts":"Appellants were committed to custody after re-indictment"}
{"issue_text":"Whether s 321 and 322 apply to dismissals under s 160(2)","issue_type":"legal","dispositive":"no","related_facts":"Previous dismissal was under s 160(2)"}

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background

Facts of the Case

Background

The appellants' criminal case had been dismissed under s 160(2) of the Criminal Procedure and Evidence Act for failure to bring them to trial within six months. Subsequently, the State brought them before the magistrate's court seeking their committal for trial on the same charges, which the magistrate granted.

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