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Constitutional Court
Fredrick Charles Mutanda v The Prosecutor General of Zimbabwe & 3 Ors
CCZ 01/17
Case Details
Court
Constitutional Court
Date
28 February 2017
Citation
CCZ 01/17
Neutral Citation
[2017] ZWCCZ 1
Outcome
unknown
Case Type
Application
Bench
Presiding
Chidyausiku CJ
Full Bench
Chidyausiku CJMalaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCGuvava JCCMavangira AJCC
Areas of Law
Constitutional lawCriminal procedureFair trial rights
Keywords
right to fair hearingtrial de novoconstitutional rightsexternalisationexchange control
Tags
constitutional applicationcriminal procedurefair trial rightsstay of prosecution
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Exchange Control Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is properly before the Constitutional Court","issue_type":"procedural","dispositive":"no","related_facts":"Previous dismissal of referral application by magistrate"}
- {"issue_text":"Whether the applicant has established violation of constitutional rights under sections 70(1)(b), 70(1)(k), 56(1), 69(1) and 71(2)","issue_type":"constitutional","dispositive":"yes","related_facts":"Change of charges, dismissal of applications, trial process"}
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background
Facts of the Case
Background
The applicant was arrested on 26 November 2011 on fraud and theft charges. The State later substituted these with an exchange control violation charge under the Exchange Control Act. The applicant challenged the lawfulness of his arrest and raised constitutional violations regarding the change of charges and fairness of the trial process.
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