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Constitutional Court
In re: Prosecutor-General of Zimbabwe on His Constitutional Independence and Protection from Direction and Control
[2015] ZWCCZ 13
Case Details
Court
Constitutional Court
Date
28 October 2015
Citation
[2015] ZWCCZ 13
Judgment No.
CCZ 13/2017
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIDYAUSIKU CJ
Author
PATEL JCC
Full Bench
CHIDYAUSIKU CJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCMAVANGIRA JCCUCHENA JCC
Areas of Law
Constitutional LawCriminal Procedure
Keywords
nolle prosequiprosecutorial discretioncourt ordersconstitutional independence
Tags
prosecutorial independenceseparation of powersrule of lawcontempt of court
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- National Prosecuting Authority Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Prosecutor-General's constitutional independence under section 260 exempts him from complying with court orders to issue certificates nolle prosequi","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's refusal to comply with two court orders"}
- {"issue_text":"Whether there exists a law compelling the Prosecutor-General to issue certificates nolle prosequi","issue_type":"law","dispositive":"yes","related_facts":"Sections 13 and 16 of Criminal Procedure and Evidence Act"}
- {"issue_text":"Whether the applicant was in contempt of court for failing to comply with binding court orders","issue_type":"procedural","dispositive":"no","related_facts":"Non-compliance with HC and SC orders"}
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background
Facts of the Case
Background
The Prosecutor-General brought an ex parte application seeking a declaration of his constitutional independence from judicial direction or control, specifically challenging court orders requiring him to issue certificates nolle prosequi in two cases. He had refused to comply with High Court and Supreme Court orders directing him to issue these certificates to Francis Maramwidze and Telecel Zimbabwe (Pvt) Ltd, arguing that such orders violated his constitutional independence under section 260 of the Constitution.
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