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Constitutional Court
Prosecutor General, Zimbabwe v Telecel Zimbabwe (Private) Limited
[2015] ZWCCZ 10
Case Details
Court
Constitutional Court
Date
8 October 2015
Citation
[2015] ZWCCZ 10
Judgment No.
CCZ 10/2015
Outcome
unknown
Case Type
Application
Bench
Presiding
Gwaunza JCC
Full Bench
Chidyausiku CJMalaba DCJGwaunza JCCGowora JCCGuvava JCCMavangira AJCCChiweshe AJCCMakoni AJCCBhunu AJCC
Areas of Law
Constitutional lawCriminal procedure
Keywords
Constitutional Court jurisdictionSection 167Section 176Direct approachNolle prosequi
Tags
Constitutional jurisdictionDirect accessProsecutor General independence
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was properly brought directly before the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed under sections 167(1) and 176, not section 85(1)"}
- {"issue_text":"Whether sections 167(1) and 176 confer right of direct access to Constitutional Court","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant relied on these sections for direct approach"}
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background
Facts of the Case
Background
The Prosecutor General sought to set aside a Supreme Court judgment that had ordered him to issue a nolle prosequi certificate to Telecel Zimbabwe, claiming it interfered with his constitutional independence under section 260. He approached the Constitutional Court directly under sections 167(1) and 176 of the Constitution.
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