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Constitutional Court of Zimbabwe - 2017 February

3 judgments
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3 judgments
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February 2017
Murray v Ndirowei N.O. & Ors (CCZ 2 of 2017; Constitutional Court Application CCZ 11 of 2014) [2017] ZWCC 2 (28 February 2017)
Arresting and detaining an accused who freely attends court without lawful justification violates section 49(1)(b) and may warrant a permanent stay.
Constitutional law — Right to liberty (s 49(1)(b)) — Unlawful arrest/detention of accused who freely attend court — Muzondo factors for lawful arrest; prosecution permanently stayed
 28 February 2017
Mutanda v Prosecutor General (Zimbabwe) & Ors (CCZ 1 of 2017; Constitutional Application CCZ 84 of 2013) [2017] ZWCC 1 (28 February 2017)
Dismissal of an exception did not breach notification or non‑retroactivity rights, but magistrate’s conduct warranted a trial de novo before another magistrate.
Constitutional law — right to be informed of charges (s70(1)(b)) — protection against retrospective criminalisation (s70(1)(k)) — fair trial and impartial tribunal (s69(1)) — magistrate’s misdirection and perceived bias — proceedings set aside and trial de novo
 28 February 2017
The Cold Chain (Pvt) Ltd v Makoni (CCZ 8 of 2017; Constitutional Application CCZ 79 of 2016) [2017] ZWCC 8 (17 February 2017)
Leave to appeal requires a constitutional issue actually decided below; obiter reference to s176 is insufficient.
Constitutional jurisdiction – leave to appeal – requirement that constitutional issue was raised and necessary in subordinate court; res judicata and functus officio – limits where currency conversion arises post-judgment; s 176 (inherent jurisdiction) – obiter reference does not create constitutional matter.
 17 February 2017