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Constitutional Court
Captain Alfred Ngonidzashe Mugadza v (1) Minister of Defence N.O. (2) Commander of the Zimbabwe National Army (ZNA) N.O. (3) The President General Court Martial No 02/2013 N.O. (4) The Director of Military Prosecutions N.O.
CCZ 23/17
Case Details
Court
Constitutional Court
Date
22 November 2017
Citation
CCZ 23/17
Neutral Citation
[2017] ZWCCZ 23
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
GARWE JCC
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCC
Areas of Law
Constitutional lawMilitary lawCriminal procedure
Keywords
court martialpermanent stayconstitutional challengesection 85referral
Tags
military lawcourt martialconstitutional jurisdictiondirect application
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Defence Act
- Defence Forces Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether this court can intervene in proceedings pending before the Court Martial by direct application","issue_type":"procedural","dispositive":"yes","related_facts":"Court martial proceedings pending when application filed"}
- {"issue_text":"Whether there are unresolved disputes of fact that prevent the court from determining the application","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over applicant's availability 2005-2013"}
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background
Facts of the Case
Background
A Zimbabwe National Army captain sought a permanent stay of court martial proceedings for an alleged 2004 absence without leave offence, arguing unconstitutional delay and abuse of process. The Constitutional Court found the direct application improper and struck it off the roll.
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