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Harare High Court

The State v Benjamin Paradza

HH 7-2006

Case Details

Court
Harare High Court
Date
10 January 2006
Citation
HH 7-2006
Neutral Citation
[2006] ZWHH 7
Outcome
unknown
Case Type
Trial

Bench

Presiding
MTAMBANENGWE, AJ
Full Bench
MTAMBANENGWE, AJ
Areas of Law
Criminal LawCorruptionIncitementJudicial Ethics
Keywords
Prevention of Corruption ActCriminal Procedure and Evidence Actincitementpublic officerjudicial discretionpassport releasebail variation
Tags
corruptionincitementjudicial misconductpassport releasebail conditions
legislation
Statutes Cited
  • Prevention of Corruption Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Prevention of Corruption Act
  • Prevention of Corruption Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused's conduct constituted incitement under section 360(2)(b) of the Criminal Procedure and Evidence Act","issue_type":"mixed","dispositive":"yes","related_facts":"Accused approached two judges requesting passport release; accused stood to benefit financially"}
  • {"issue_text":"Whether the accused acted corruptly as public officer under section 4(a) of the Prevention of Corruption Act","issue_type":"mixed","dispositive":"yes","related_facts":"Accused was public officer; requested judges to act contrary to duties; purpose was to show favour"}
  • {"issue_text":"Whether accused approached judges in personal or official capacity","issue_type":"fact","dispositive":"no","related_facts":"Accused claimed personal capacity; State argued official capacity relevant for corruption"}
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background
Facts of the Case

Background

A High Court judge was charged with inciting two fellow judges to corruptly release the passport of a murder accused who was his business partner, thereby attempting to defeat the course of justice.
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