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FIKILINI v ATTORNEY-GENERAL 1990 (1) ZLR 105 (S)

1990 (1) ZLR p105

Citation

1990 (1) ZLR 105 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Dumbutshena CJ, Gubbay JA & Korsah JA

Heard

4 February 1990

Judgment

4 February 1990

Counsel

E Chatikobo for appellant
AVM Chikumira for respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Constitution of Zimbabwe — ss 12(1), 13(2)(e), 13(4) — provide for trial within a reasonable time — factors to be taken into account.

Criminal Procedure and Evidence Act [Chapter 59] — s 106(2) — certificate issued in terms thereof — ceases to be valid once s 13(4) of Constitution is violated.

High Court of Zimbabwe Act, 1981 — ss 26 and 27 — court's jurisdiction to review decisions of inferior courts — court entitled to review decisions where there is irregularity.

Onus — person who alleges contravention of s 13(4) of Constitution bears onus to prove such contravention.

Review — not an appeal — concerned with decision making process.

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