The State v Albert Mugove Matapo and 5 Others

HH 248-10

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Case Details

Court

Harare High Court

Date

27 October 2010

Citation

HH 248-10

Neutral Citation

[2010] ZWHH 248

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal LawCriminal Procedure

Keywords

treasonre-indictmentcriminal proceduretrial delaysection 65section 66

Key Issues

{"issue_text":"Whether the accused's objection to standing trial should be upheld based on alleged improper re-indictment","issue_type":"procedural","dispositive":"yes","related_facts":"Previous dismissal by MUSAKWA J, re-indictment under s 65-66"}
{"issue_text":"Whether s 65-66 overrides other provisions regarding bringing accused before court","issue_type":"legal","dispositive":"yes","related_facts":"Re-indictment procedure used"}
{"issue_text":"Whether the defence has failed to expeditiously prosecute their appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Three-month delay since judgment, no steps taken"}

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Facts of the Case

Background

Six accused persons charged with treason objected to trial on grounds they were improperly re-indicted after MUSAKWA J had previously dismissed their case for failure to prosecute within six months as required by s 160(2) of the Criminal Procedure and Evidence Act. They argued re-indictment was unlawful and they should have been summoned under s 321-322 instead.

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