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Constitutional Court
Praymore Makanda v Magistrate Sande N.O & 3 Ors
[2021] ZWCCZ 03
Case Details
Court
Constitutional Court
Date
17 May 2021
Citation
[2021] ZWCCZ 03
Judgment No.
CCZ 03/21
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel AJCC
Full Bench
Gowora AJCCHlatshwayo AJCCPatel AJCC
Areas of Law
Constitutional LawCriminal ProcedureFundamental Rights
Keywords
direct accessconstitutional courtlegal representationfair trialmagistrate irregularities
Tags
direct accessconstitutional applicationright to legal representationfair trial rights
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- 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 properly invoked the jurisdiction of the Constitutional Court under s 167(5)(a) of the Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant approached court under s 167(5)(a) instead of s 85(1)"}
- {"issue_text":"Whether the applicant complied with Constitutional Court Rules particularly r 21(4) requiring attachment of draft substantive application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to attach draft substantive application"}
- {"issue_text":"Whether the irregularities in the magistrates court proceedings constituted constitutional violations","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged failures to advise of right to legal representation"}
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background
Facts of the Case
Background
The applicant, who had been convicted in three separate criminal trials before different magistrates, alleged violations of his constitutional rights to legal representation and fair trial. He approached the Constitutional Court directly claiming the magistrates failed to properly advise him of his right to legal representation.
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