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Constitutional Court
Loverage Makoto v T.K. Mahwe N.O. and The Prosecutor General
[2020] ZWCCZ 3
Case Details
Court
Constitutional Court
Date
8 January 2020
Citation
[2020] ZWCCZ 3
Judgment No.
CCZ 03/20
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGowora JAHlatshwayo JA
Areas of Law
Constitutional LawCriminal LawMoney Laundering
Keywords
direct accessconstitutional courtreferralfrivolousvexatiouss 175(4) Constitutions 8(6) Money Laundering Act
Tags
direct accessconstitutional referralfrivolous and vexatiousmoney launderingcriminal proceedings
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Money Laundering and Proceeds of Crime Act [Chapter 9:24]
- Money Laundering and Proceeds of Crime Act [Chapter 9:24]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether it is in the interests of justice to grant leave for direct access to the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate refused referral as frivolous and vexatious"}
- {"issue_text":"Whether the magistrate's refusal to refer constitutional questions violated the applicant's right to equal protection of the law","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant claims infringement of s 56(1) Constitution"}
- {"issue_text":"Whether s 8(6) of the Money Laundering Act infringes constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant charged under provisions of s 8(6)"}
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background
Facts of the Case
Background
The applicant, employed by Zimbabwe Consolidated Diamond Company, was charged with money laundering under s 8(1) read with s 8(6) of the Money Laundering Act for allegedly stealing diamonds and depositing $34,246 into his Ecocash account. He requested the magistrate to refer constitutional questions regarding s 8(6) to the Constitutional Court, which was refused as frivolous and vexatious.
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