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All Cases/Constitutional Court/2020

Constitutional Court

Joseph Chani v (1) Justice Hlekani Mwayera (2) Michael Mugabe (3) Musutami Chifamuna (4) National Prosecuting Authority

[2020] ZWCCZ 2

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Case Details

Court

Constitutional Court

Date

8 January 2020

Citation

[2020] ZWCCZ 2

Judgment No.

CCZ 02/20

Outcome

unknown

Case Type

Application

Bench

Presiding

Malaba CJ

Full Bench

Malaba CJMakoni JCCBere JCC

Areas of Law

Constitutional LawAdministrative LawCriminal Procedure

Keywords

direct accessconstitutional courtfair trial rightsinquest proceduresadministrative conduct

Key Issues

{"issue_text":"Whether the application is properly before the Court under section 85(1) of the Constitution","issue_type":"procedural","dispositive":"no","related_facts":"Applicant alleged infringement of fundamental rights"}
{"issue_text":"Whether it is in the interests of justice to grant direct access to the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to state why direct access serves interests of justice"}
{"issue_text":"Whether the applicant's constitutional rights to fair trial and administrative justice were violated","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged failure to follow inquest procedures, disparity in witness numbers"}

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background

Facts of the Case

Background

The applicant, convicted of murder and sentenced to 18 years imprisonment, sought direct access to the Constitutional Court alleging violations of his constitutional rights to administrative justice and fair trial. He claimed that pre-trial procedures regarding inquest proceedings were not properly followed and that the trial court improperly admitted evidence.

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