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Harare High Court
THE STATE v GABRIEL MAGUYA and STEPHEN MAGUYA
HH 231-2011
Case Details
Court
Harare High Court
Date
18 October 2011
Citation
HH 231-2011
Neutral Citation
[2011] ZWHH 231
Outcome
unknown
Case Type
Review
Bench
Presiding
PATEL J
Full Bench
PATEL JCHATUKUTA J
Areas of Law
Criminal LawCustomary Law
Keywords
Section 94Section 11Section 15PledgingCompensationMarriage
Tags
Pledging a female personNoxal surrenderCustomary Marriages ActCriminal Law (Codification and Reform) Act
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Customary Marriages Act
- Customary Marriages Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the charge was defective for criminalising an act committed before the creation of the offence in question.","issue_type":"procedural","dispositive":"yes","related_facts":"The act occurred in 2005, but the Criminal Law Code came into operation on 1 July 2006."}
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background
Facts of the Case
Background
The two accused persons, who are relatives of the complainant, were found guilty of contravening section 94 of the Criminal Law (Codification and Reform) Act. They had pledged the complainant, a minor at the time, to another family in 2005 as compensation for a death that occurred in 1980.
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