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Harare High Court
Billy Rigava and Rachel Chibaya and Johnson Shonhe and Northburga Chifamba and Charles Maponga and Gerald Gore v Estere Chivasa N.O and The State
HH 364-21
Case Details
Court
Harare High Court
Date
9 July 2021
Citation
HH 364-21
Neutral Citation
[2021] ZWHH 364
Outcome
unknown
Case Type
Review
Bench
Presiding
Muzofa J
Full Bench
Muzofa J
Areas of Law
Criminal procedureCriminal law
Keywords
exception to chargepublic officerprivate companycriminal reviews174 Criminal Law Code
Tags
criminal reviewexception to chargepublic officersNatPharm
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an exception can be taken outside the provisions of s146 of the CPEA","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants raised factual and legal challenges to charge"}
- {"issue_text":"Whether the magistrate erred in finding time was not of essence in the charge","issue_type":"procedural","dispositive":"no","related_facts":"Charge specified period rather than specific date"}
- {"issue_text":"Whether the magistrate failed to consider the fourth applicant's exceptions","issue_type":"procedural","dispositive":"no","related_facts":"Fourth applicant filed separate exceptions"}
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background
Facts of the Case
Background
Six former NatPharm board members charged under s174(1)(b) for allegedly omitting to terminate an employee's contract. They excepted to the charge arguing NatPharm is a private company, they are not public officers, and the charge lacked specificity. The magistrate dismissed their exceptions, finding the issues triable.
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