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Constitutional Court
Douglas Togarasei Mwonzora & 31 Ors v The State
[2015] ZWCCZ 9
Case Details
Court
Constitutional Court
Date
1 January 2015
Citation
[2015] ZWCCZ 9
Judgment No.
CCZ 9/2015
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
GARWE JA
Full Bench
CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCGUVAVA JCCMAVANGIRA AJCC
Areas of Law
Constitutional lawCriminal procedure
Keywords
constitutional rightsreferralfrivolous and vexatiousevidence
Tags
constitutional applicationcriminal proceedingsreferralsection 24(2) former Constitution
legislation
Statutes Cited
- Criminal Law [Codification and Reform] Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe (former)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter was properly referred from the magistrates court to the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence led, no finding on frivolous/vexatious nature"}
- {"issue_text":"Whether applicants must adduce evidence before referral of constitutional issues","issue_type":"procedural","dispositive":"yes","related_facts":"Various allegations made without evidence"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
31 applicants facing public violence charges applied to magistrate for referral of constitutional rights violations to Supreme Court under s 24(2) former Constitution. Magistrate referred without determining if issues were frivolous/vexatious and without evidence being led.
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