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Constitutional Court
Perfect Nyathi v The State
[2019] ZWCCZ 16
Case Details
Court
Constitutional Court
Date
17 July 2019
Citation
[2019] ZWCCZ 16
Judgment No.
CCZ 16/19
Outcome
unknown
Case Type
Application
Bench
Presiding
MALABA CJ
Full Bench
MALABA CJGARWE JCCMAKARAU JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA JCCBERE JCC
Areas of Law
Constitutional LawCriminal Procedure
Keywords
accomplice witness immunityfair hearingconstitutional referralprosecution discretion
Tags
accomplice witnessimmunity from prosecutionfair trial rightsconstitutional referral
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's right to fair hearing as provided in s 69 of the Constitution has been infringed by respondent's decision to prosecute him after using him as accomplice witness","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant testified as accomplice witness; trial court did not endorse discharge; State prosecuted applicant after Nyathi acquittal"}
- {"issue_text":"Whether the referral was properly before the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Court a quo referred matter without determining if request was frivolous or vexatious"}
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background
Facts of the Case
Background
The applicant testified as an unconvicted accomplice witness in the trial of Dumisani Nyathi for stock theft. After Nyathi was acquitted, the State decided to prosecute the applicant for the same offence. The applicant sought constitutional relief claiming his right to fair trial was infringed.
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