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Harare High Court
Alice Magodora v P.M. Kamwanda, Magistrate N.O., Harare Magistrate Court and The State
HH 157-23
Case Details
Court
Harare High Court
Date
1 March 2023
Citation
HH 157-23
Neutral Citation
[2023] ZWHH 157
Outcome
unknown
Case Type
Review
Bench
Presiding
TAGU J
Full Bench
TAGU JCHINAMHORA J
Areas of Law
Criminal ProcedureConstitutional Law
Keywords
discharge at close of State caseexceptional circumstancesgross irregularityprima facie caseservice of court order
Tags
contempt of courtconstitutional challengedischarge applicationreview
legislation
Statutes Cited
- Criminal Law (Codification and Reform Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- High Court Act
- High Court Act
- High Court Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate misdirected herself by dismissing the discharge application at close of State case","issue_type":"law","dispositive":"yes","related_facts":"State witness did not personally serve order; applicant's counsel present when order granted"}
- {"issue_text":"Whether s 198(4) of the Criminal Procedure and Evidence Act is unconstitutional for discriminating against accused persons","issue_type":"constitutional","dispositive":"no","related_facts":"State can appeal discharge decisions with leave, accused cannot"}
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background
Facts of the Case
Background
Applicant charged with contempt of court for allegedly violating a court order granting child access. She applied for discharge at close of State case, arguing lack of service of the order. Magistrate dismissed the discharge application. Applicant seeks review and constitutional declaration.
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