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Bulawayo High Court
THE STATE v KWANELE MOYO
HB 210/23
Case Details
Court
Bulawayo High Court
Date
12 October 2023
Citation
HB 210/23
Neutral Citation
[2023] ZWHB 210
Outcome
unknown
Case Type
Review
Bench
Presiding
Kabasa J
Full Bench
Kabasa JDube-Banda J
Areas of Law
Criminal LawConstitutional Law
Keywords
Section 70Section 64Young PersonConstitutional CourtKawenda v Minister of Justice
Tags
RapeAge of ConsentConstitutional Invalidity
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a charge under Section 70 of the Criminal Law Code is competent after the expiration of the 12-month suspension period ordered by the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Section 70 declared unconstitutional; 12-month suspension expired without legislative amendment"}
- {"issue_text":"Whether the proceedings are in accordance with real and substantial justice","issue_type":"procedural","dispositive":"yes","related_facts":"Charge under non-existent provision of law"}
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background
Facts of the Case
Background
The accused was charged with contravening Section 70 of the Criminal Law Code for having sexual intercourse with a 14-year-old complainant with her consent. The court noted that the correct charge should have been rape under Section 65, but more critically, Section 70 had been declared unconstitutional by the Constitutional Court, with the order taking effect 12 months after May 2022, rendering the charge incompetent.
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