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Harare High Court
Job Sikhala v Marehwanazvo Gofa N.O and National Prosecuting Authority and the Prosecutor-General
HH 621-23
Case Details
Court
Harare High Court
Date
14 November 2023
Citation
HH 621-23
Neutral Citation
[2023] ZWHH 621
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO JKWENDA J
Areas of Law
Criminal ProcedureJudicial EthicsRecusal Law
Keywords
recusaljudicial impartialityreasonable apprehension of biascriminal appealcriminal review
Tags
recusaljudicial biascriminal appealcriminal review
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether CHIKOWERO J should recuse himself from hearing the criminal appeal and review applications","issue_type":"procedural","dispositive":"yes","related_facts":"Judge previously struck off applicant's urgent application on procedural grounds"}
- {"issue_text":"Whether a reasonable apprehension of bias exists based on previous judicial decisions","issue_type":"law","dispositive":"no","related_facts":"Judge's decision in HH 176/23 to strike off application"}
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background
Facts of the Case
Background
The applicant Job Sikhala, who faces criminal charges of defeating or obstructing the course of justice, applied for the recusal of CHIKOWERO J from presiding over his criminal appeal (HACC (A) 12/23) and review application (HC 8597/22). The application was based on the judge's previous decision striking off the roll the applicant's urgent chamber application for stay of criminal proceedings.
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