Telecel Zimbabwe (Pvt) Ltd v The Attorney-General of Zimbabwe N.O.

HH 233-2011

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Case Details

Court

Harare High Court

Date

19 October 2011

Citation

HH 233-2011

Neutral Citation

[2011] ZWHH 233

Outcome

unknown

Case Type

Application

Bench

Presiding

Hlatshwayo J

Full Bench

Hlatshwayo J

Areas of Law

Administrative lawCriminal procedure

Keywords

Private prosecutionLocus standiCorporationAttorney-GeneralNolle prosequi certificate

Key Issues

{"issue_text":"Whether a private company has locus standi to institute private prosecution under section 13 of the Criminal Procedure and Evidence Act","issue_type":"procedural","dispositive":"yes","related_facts":"Telecel is a company; section 13 refers to \"private party\" and \"he individually suffered\""}
{"issue_text":"Whether the Attorney-General has discretion to refuse to issue a nolle prosequi certificate where he declines to prosecute","issue_type":"procedural","dispositive":"no","related_facts":"Attorney-General refused certificate asserting discretion"}

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Facts of the Case

Background

Telecel Zimbabwe, a telecommunications company, discovered a US$1.7 million fraud allegedly perpetrated by its employees and reported it to police. After arrests and court appearances, the Attorney-General withdrew charges citing insufficient evidence. Telecel sought to privately prosecute and requested a nolle prosequi certificate, which the Attorney-General refused, asserting discretion to withhold it and challenging Telecel's standing as a company.

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