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S v MUSHAYANDEBVU 1992 (2) ZLR 62 (S)

1992 (2) ZLR p62

Citation

1992 (2) ZLR 62 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Manyarara JA: In Chambers, in terms of s 9A of the Supreme Court of Zimbabwe Act

Heard

29 July 1992

Judgment

29 July 1992

Counsel

Details not supplied

Case Type

Criminal appeal

Annotations

Link to case annotations

Flynote

Constitutional law — right to be legally represented — s 18(2)(c) & (d) of Constitution — prosecutor not informing court that accused has engaged lawyer but lawyer unavailable — unsophisticated accused not telling court about this — breach of right to be legally represented at own expense

Criminal procedure — trial a "travesty of justice" — prosecutor not informing magistrate that accused's lawyer not available — prosecutor withholding evidence favourable to accused — magistrate convicting on basis of guilty plea even though clear from State outline that accused raising defence to charge.

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