Rafiq Khan v The Provincial Magistrate and MS Jackie Manyonga and The Attorney-General of Zimbabwe

HH 39-2006

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Case Details

Court

Harare High Court

Date

20 March 2006

Citation

HH 39-2006

Neutral Citation

[2006] ZWHH 39

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MAKARAU J

Full Bench

MAKARAU J

Areas of Law

Criminal procedureReviewAppeal procedure

Keywords

Warrant of arrestPending appealSentence enforcementJurisdiction

Key Issues

{"issue_text":"Whether an appeal was ever noted on behalf of the applicant in 1992","issue_type":"factual","dispositive":"yes","related_facts":"Bail was granted pending appeal but no notice of appeal found"}
{"issue_text":"Whether the second respondent had jurisdiction to conduct the inquiry while matter was pending before MAKONI J","issue_type":"procedural","dispositive":"no","related_facts":"Application pending before MAKONI J concerning appeal status"}
{"issue_text":"Whether the applicant used the correct procedure by bringing a review rather than an appeal","issue_type":"procedural","dispositive":"no","related_facts":"Applicant sought review of magistrate's exercise of discretion"}

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background

Facts of the Case

Background

The applicant was convicted of theft in 1992 and sentenced to 3 years imprisonment with 1 year suspended. He was released on bail pending appeal but never prosecuted the appeal. In 2006, the magistrate conducted an inquiry and imprisoned him. The applicant sought urgent review, claiming the magistrate lacked jurisdiction because the matter was pending before another judge.

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