Constitutional Court of Zimbabwe - 2020 July

2 judgments
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2 judgments
Citation
Judgment date
July 2020
Direct access denied: disagreement over factual findings and obiter remarks do not raise a constitutional fair-trial issue.
Constitutional Court—direct access exceptional—requirements under r 21(3) and s 85(1)(a); evaluation of evidence by subordinate courts not normally a constitutional issue; s 170(2) reverse onus—obiter reference; abandoned grounds of appeal cannot be revived; disguised appeal dismissed.
2 July 2020
No constitutional issue arose; leave to appeal refused because the Supreme Court’s non-constitutional findings are final.
Constitutional jurisdiction – leave to appeal – r 32(2) and s 167(5)(b) – limits of Constitutional Court’s jurisdiction; Evidence – admissibility of call records – consent negates constitutional challenge; Fair trial and presumption of innocence – factual/evidential disputes not automatically constitutional; Finality – Supreme Court decisions on non-constitutional matters are final and not appealable to Constitutional Court.
2 July 2020