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Masvingo High Court
The State v Benjamin Muvadi and Kudakwashe Mumunodawafa and Leonard Mutero and 9 other consolidated criminal matters
HMA 32-21
Case Details
Court
Masvingo High Court
Date
10 June 2021
Citation
HMA 32-21
Neutral Citation
[2021] ZWHMA 32
Outcome
unknown
Case Type
Review
Bench
Presiding
Mawadze J
Full Bench
Mawadze JWamambo J
Areas of Law
Criminal procedureJudicial review
Keywords
Magistrate resignationIncomplete criminal proceedingsTrial de novoFunctus officioCriminal procedure
Tags
Criminal reviewTrial de novoMagistrate resignationIncomplete proceedings
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"What is the correct procedure to be followed where a trial magistrate resigns and leaves uncompleted criminal proceedings?","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate resigned before completing 12 criminal cases"}
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background
Facts of the Case
Background
Twelve criminal cases before the Gutu Magistrates Court were left incomplete when the presiding magistrate resigned. The cases were at various stages - some ready for judgment, others at defence case stage. The current Gutu Resident Magistrate referred the matters to the High Court seeking guidance on the correct procedure to follow.
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