HELEN MATIASHE v THE HONOURABLE MAGISTRATE MAHWE N.O (2) THE ATTORNEY GENERAL OF ZIMBABWE

Judgment No. CCZ 12/14, Civil Appeal No. SC 327/12

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Case Details

Court

Supreme Court

Date

4 December 2014

Citation

Judgment No. CCZ 12/14, Civil Appeal No. SC 327/12

Neutral Citation

[2014] ZWCCZ 12

Judgment No.

CCZ 12/14

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHIDYAUSIKU CJ

Author

GARWE JA

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JAGARWE JAPATEL JA

Areas of Law

Constitutional LawCriminal LawHuman Rights

Keywords

Constitutional rightsProtection of the lawSpeedy trialDelay in prosecutionPermanent stay of proceedings

Key Issues

{"issue_text":"Whether the matter was properly brought before the Supreme Court in terms of section 24(1) of the former Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"The magistrate's refusal to refer the constitutional issues"}
{"issue_text":"Whether the applicant is entitled to a permanent stay of proceedings","issue_type":"constitutional","dispositive":"yes","related_facts":"The five-year delay, reasons for delay, whether applicant asserted rights, prejudice suffered"}

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Facts of the Case

Background

The applicant Helen Matiashe was charged with fraud in 2007 relating to property transactions involving her former partner Cecil Rhaniel Chengetai Muderede. After charges were withdrawn in 2008, the applicant was summoned to appear in court in 2012. She filed an application in the Magistrates Court seeking a declaration that the delay violated her constitutional rights and requesting referral to the Supreme Court. The magistrate dismissed the application, leading to this appeal.

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