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Harare High Court
Lincoln Tafadzwa Ushamba v The State
HH 264-2012
Case Details
Court
Harare High Court
Date
21 June 2012
Citation
HH 264-2012
Neutral Citation
[2012] ZWHH 264
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Criminal ProcedureReview Proceedings
Keywords
review applicationprocedural defectschildren's actmagistrate's decision
Tags
criminal reviewprocedural irregularitychildren's act
legislation
Statutes Cited
- Children's Act
- High Court of Zimbabwe Rules, 1971
- Rule 256: "Save where any law otherwise provides, any proceedings to bring under review the decision or proceedings of any inferior court or of any tribunal, board or officer performing judicial, quasi-judicial or administrative functions, shall be by way of court application directed and delivered by the party seeking to review such decision or proceedings to the magistrate, presiding officer or chairman of the court, tribunal or board or to the officer, as the case may be, and to all other parties affected."
- Rule 257: "The court application shall state shortly and clearly the grounds upon which the applicant seeks to have the proceedings set aside or corrected and the exact relief prayed for."
- Rule 260: (paraphrased) – requires preparation and submission of the record of proceedings
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the review application complies with mandatory procedural requirements under Order 33 of High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Application not brought by court application, magistrate not cited, no record of proceedings submitted"}
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background
Facts of the Case
Background
The applicant, father of a child born out of wedlock, was charged under s 7 of the Children's Act for failing to collect his child from school. He excepted to the charge arguing he had no legal parental rights, but the magistrate dismissed his exception. He then brought this urgent review application.
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